Deferred Action for Childhood Arrivals

In a 5-4 decision written by Chief Justice John Roberts on Department of Homeland Security et al vs. Regents of the University of California, the Supreme Court held that
Continue Reading Supreme Court of the United States Upholds DACA (Deferred Action for Childhood Arrivals)

Greenberg Traurig Shareholder Ian Macdonald was recently quoted in the National Law Journal article, “What Employers Should Consider After Trump’s DACA Decision,” discussing the Trump Administration’s decision to end the
Continue Reading Greenberg Traurig’s Ian R. Macdonald Quoted in The National Law Journal

On Sept. 5, 2017, Attorney General (AG) Jeff Sessions announced that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA).  DACA is a mode of temporary relief given to children (now college-aged or older) who entered the United States without inspection with their parents and allowed them to apply for temporary work authorization if they met certain criteria.  This policy was established through an Executive Order issued June 2012 by the Obama Administration.  Since then, DACA has undergone scrutiny and much debate, and with the change of administrations, it has been clear that this policy would change, if not end.

AG Jeff Sessions announced that DACA will end, with a wind-down process overseen by the Department of Homeland Security (DHS).  Effective immediately, the following will happen as per the recently released DHS memo:

  • DHS will adjudicate, on a case by case basis, initial requests that have been accepted as of today (Sept. 5).
  • After today (Sept. 5), DHS will reject all DACA first-time applications.
  • DHS will adjudicate all properly-filed renewal applications as of today, and will continue to adjudicate applications for those whose benefits will expire by March 5, 2018.  Those applications will only be accepted until Oct. 5, 2017.  All other renewal requests will be rejected.
  • Current approvals and valid employment authorization document (EAD) cards will not be revoked and will remain valid until the expiration dates.
  • No new advance parole (AP) applications (an AP is permission to travel) will be accepted or approved and current/pending AP applications will be closed (fees refunded).  Currently, valid Advance Parole will still be valid and U.S. Customs and Border Protection (CBP) will retain the discretion to admit a person based on the AP.
  • Discretion will be retained by DHS to terminate or deny deferred action at any time deemed appropriate.
  • U.S. Citizenship and Immigration Services (USCIS) will not provide this information proactively to Immigration and Customs Enforcement (ICE) and CBP for enforcement proceedings, but this policy may be modified.


Continue Reading Attorney General Jeff Sessions Announces the Rescission of DACA

Here we go again! The Department of Homeland Security (DHS) could potentially run out of money and shut down come Friday, Feb. 27, 2015. The issue arose from immigration amendments that the House attached to the proposed DHS funding bill last month. The amendments that were added to the bill would block any federal funds from being used toward President Obama’s executive orders to protect about 4 million undocumented immigrants from deportation and allow them to work. Further, the amendments would cease the Deferred Action for Childhood Arrivals program, which  gives temporary legal status and work permits to undocumented immigrants who entered the U.S. as children. As of Feb. 25, 2015, the Senate Democrats have signed on with the Republican plan to get rid of the House provisions added to the bill. However, whether the bill will pass or not still looms. President Obama and DHS secretary Jeh Johnson have been calling on Congress to fully fund the department, saying temporary measures or a shutdown would jeopardize national security operations.

If the bill is not passed by Friday, Feb. 27, 2015, then approximately 30,000 of the DHS’s 240,000 employees will be furloughed. The remaining approximately 210,000 employees will still be employed, as their jobs are deemed “essential to the nation’s safety.” From an immigration perspective, the question becomes: how does a DHS shutdown directly affect the general public?


Continue Reading Impact of DHS Shutdown: 2015