United States: Trump Administration Rescinds DACA Program

On September 5, 2017, Attorney General Jeff Sessions announced the decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, which was originally adopted in 2012 and provided deferred action (protection from deportation from the United States) and two-year employment authorization to certain undocumented immigrants who had been brought to the country as minors (i.e., younger than 16 years old). This alert provides detailed information for our business clients regarding their DACA employees' ability to continue working, and it outlines the steps those employees would need to take to obtain maximum work authorization under the program before it is completely phased out.


President Obama announced the DACA policy on June 15, 2012, and the Department of Homeland Security (DHS) established the program on the same day in a memorandum. Since the DHS began accepting DACA applications, almost 800,000 qualifying individuals have been granted DACA status. In order to qualify for DACA, an applicant was required to show, among other requirements, that he or she came to the United States under the age of 16; resided in the country continuously since June 15, 2007; was under the age of 31 on June 15, 2012; fulfilled certain educational or military requirements; and had not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors. In November 2014, the DHS expanded the DACA program to allow for three-year work permits and a higher maximum age of recipients at the time of application; it also introduced the Deferred Action for Parents of Americans (DAPA) program that would have conferred similar benefits to parents of U.S. citizens or permanent residents. The DACA expansion and the DAPA program were enjoined by the courts after Texas and other states challenged the President's executive authority. On June 29, 2017, attorneys general of Texas and nine other states sent a letter to Attorney General Sessions stating that they would challenge the DACA program in federal court unless the DHS agreed to "phase out" the program by rescinding the 2012 DACA memorandum and halting approval of any new or renewal DACA applications. On September 4, 2017, Attorney General Sessions sent a letter to DHS Acting Secretary Elaine Duke stating that DACA was an "unconstitutional exercise of authority by the Executive Branch" and that legal challenges to the program would "likely" result in DACA being deemed unlawful. The next day, he announced the rescission of the program.

DHS Memorandum

The same day as the Attorney General's announcement, the DHS released a memorandum that outlined the process for winding down the DACA program. The complete memorandum can be found here: https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca. Below are the summary points:  

  • Current DACA grants: Previously issued Employment Authorization Documents (EAD) will remain valid for their full validity period. The DHS will not terminate deferred action or revoke EADs solely on the basis of the DACA program rescission. The DHS will continue to retain its authority to terminate or deny deferred action where it deems appropriate.
  • Pending initial DACA requests: Currently pending initial requests for DACA applications will be adjudicated as before. No new initial requests for DACA will be accepted after September 5, 2017.
  • Pending DACA renewals: Currently pending applications for renewal of EADs will be adjudicated as before.
  • New DACA renewals: DACA beneficiaries whose EADs expire between September 5, 2017 and March 5, 2018, can file renewal applications, but those applications must be accepted by the DHS by October 5, 2017: Any renewal applications received by the DHS after October 5, 2017, will be rejected, even if the original EADs are still valid. It is not yet known whether DHS will grant renewal applications for the full two-year period or for a shorter period of time.
  • Travel document applications: DACA recipients are normally eligible for a travel document, officially referred to as Advance Parole. After September 5, 2017, no new DACA Advance Parole applications will be approved. All pending Advance Parole applications will be administratively closed, and all government fees associated with those applications will be returned to the applicants.
  • Current DACA Advance Parole documents: Previously approved Advance Parole documents will generally be honored for the purposes of re-entry to the United States, though the DHS retains the authority to deny admission and/or revoke or terminate any Advance Parole document where it deems appropriate.
  • Enforcement of immigration laws against DACA recipients with pending applications: The DHS stated in FAQs posted on its website on September 5, 2017, that it generally will not proactively share information provided in DACA applications with law enforcement entities (including Immigration and Customs Enforcement (ICE)), unless the DACA applicant poses a risk to national security or public safety, or commits certain crimes that trigger a referral of the case to ICE or the immigration court.
  • What does DACA rescission mean for employers? Currently issued DACA EADs will remain valid, so employers can continue to employ DACA recipients who present a valid EAD for employment authorization purposes. DACA employees whose EADs expire before March 5, 2018, will have an opportunity to renew their EADs, as long as their renewal applications are received by the DHS before October 5, 2017. Once their renewal EADs are adjudicated, they will need to present their new EADs to their employers to show their continued employment eligibility. DACA recipients whose EADs expire after March 5, 2018, will not have an opportunity to renew their EADs and will lose their employment eligibility once their EADs expire. Employers will not be able to continue employing them, unless they can prove employment eligibility with a document other than a DACA EAD.

In a separate statement issued the same day as the Attorney General's announcement, President Trump called on Congress to work on legislation that would protect DACA recipients from deportation from the United States and put them on a path to legal status. He also encouraged Congress to seek a broader immigration reform that would benefit American workers and the country as a whole.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Fisher Phillips LLP
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Fisher Phillips LLP
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions