On September 5, 2017, Acting Secretary of Homeland Security, Elaine Duke issued a memorandum rescinding the June 2012 memo that established DACA, and setting forward a plan for phasing out DACA.
Effective immediately, The Department of Homeland Security:
- Will decide on pending DACA requests and associated applications for Employment Authorization that have been accepted as of September 5, 2017.
- Will reject all DACA requests and applications for Employment Authorization filed after September 5, 2017.
- Will decide on pending DACA renewal requests and applications for Employment Authorization accepted as of September 5, 2017, and from those whose benefits will expire between September 5, 2017 and March 5, 2018 that have been accepted as of October 5, 2017. For others, legal status ends as early as March 6, 2018.
- Will reject all DACA renewal requests and applications for Employment Authorization Documents filed outside of the parameters specified above.
- Will not terminate the grants of previously issued deferred action or revoke Employment Authorization for the remaining duration of their validity periods.
- Will not approve any new Form I-131 applications for advance parole under the DACA program, although it will generally honor the stated validity period for previously approved applications for advance parole.
- Will administratively close all pending Form I-131 applications for advance parole filed under the DACA program, and will refund all associated fees.
- Will continue to exercise its discretionary authority to terminate or deny deferred action for any reason, at any time, with or without notice.
Officials insist that even if Congress fails to enact new protection for the Dreamers, they will not be rounded up and deported. Officials say the priority for deportation will continue to be undocumented immigrants who have committed crimes.