As part of his immigration platform, President-elect Donald Trump pledged to end the Deferred Action for Childhood Arrivals (DACA) initiative which was announced on June 15, 2012. We do not know how or when DACA might end. There are two actions that he can take: Rescind the memo authorizing DACA and allow previously issued DACA and work permits to remain valid until expiration. No new applications for first-time DACA or DACA renewal would be accepted. Rescind the memo authorizing DACA and declare immediately invalid all previously issued DACA and work permits.

1. New U.S. President and
What Immigration Rules and Policies May Change

2. What is DACA?
• On June 15, 2012, the Secretary of DHS announced that certain people who
came to the U.S. as children, and who meet several key guidelines, may
request for consideration of Deferred Action (DA) for a period of two (2)
years, subject to renewal, and would then be eligible for work authorization.
• DACA allows certain individuals, who meet specific guidelines, to request
consideration of Deferred Action from USCIS. Individuals who receive
deferred action will not be placed into removal proceedings or removed from
the U.S. for a specified period of time, unless terminated.

3. How to qualify for DACA?
1. Have arrived in the U.S. when they were under the age of sixteen (16); and
2. Have continuously resided in the U.S. for at least five years prior to June 15,
2012 and have been physically present in the U.S. on June 15, 2012; and
3. Currently be in school, have graduated from high school, have a GED, or be an
honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
and
4. Not have been convicted of a felony offense, a “significant misdemeanor offense,”
three or more non-significant misdemeanors, or otherwise pose a threat to
national security or public safely; and
5. Have been under thirty-one year of age on June 15, 2012.

4. What is DACA II?
• Expanding the population eligible for the Deferred Action for
Childhood Arrivals (DACA) program to young people who came to
this country before turning 16 years old and have been present since
January 1, 2010, and extending the period of DACA and work
authorization from two years to three years.

5. What is DAPA?
• Allowing parents of U.S. citizens and lawful permanent residents
who have been present in the country since January 1, 2010, to
request deferred action and employment authorization for three
years, in a new Deferred Action for Parents of Americans and Lawful
Permanent Residents* program, provided they pass required
background checks.

6. How to qualify for DAPA?
• U.S. Citizenship and Immigration Services (USCIS) will create a new
deferred action process, granting deferred action to eligible parents of
U.S. Citizens and lawful permanent residents.
• The U.S. Citizen or lawful permanent resident child must have been
born on or before November 20, 2014.
• The parents must have been continuously present in the U.S. since
January 1, 2010.
• The parents must have been unlawfully present in the U.S. on November
20, 2014 and on the date the application is made.
• The parents must learn English.

7. As part of his immigration platform, President-elect Donald Trump pledged
to end the Deferred Action for Childhood Arrivals (DACA) initiative which
was announced on June 15, 2012.
We do not know how or when DACA might end. There are two actions that
he can take:
• Rescind the memo authorizing DACA and allow previously issued DACA
and work permits to remain valid until expiration. No new applications
for first-time DACA or DACA renewal would be accepted.
• Rescind the memo authorizing DACA and declare immediately invalid all
previously issued DACA and work permits.

8. DACA FACTS
• USCIS has approved 750,000 DACA applications and
more than 525,000 renewals since 2012.
• Political power of the DACA population and
immigration advocates cannot be underestimated.
• During the past several years, 75% of Americans
supported a legalization plan.

9. Should I Apply for DACA as a First-Time
Applicant?
• If you do not currently have DACA and are
considering whether to apply for it for the first time,
we recommend that you not do so at this time. Let’s
see what happens next year under a Trump
administration.

10. Should I Apply for DACA Renewal?
• If you already have DACA and are considering
whether to renew it, immigration authorities already
have the information on your original application, so
there is less risk in submitting the renewal
application.

11. Should I Travel Abroad?
• As always, DACA recipients should not travel outside the U.S.
if they do not have a current, valid advance parole travel
document. For DACA recipients who have not yet applied for
advance parole, processing times for Form I-131,
Application Travel Document indicate that an application
submitted today will likely not be approved before January,
2017.

12. Risk of Enforcement Action
• DACA was created through executive action in the form of a
policy memorandum, there are no statutory or regulatory
confidentiality provisions protecting applicants.
• Information provided in a DACA application may be shared
with ICE and CBP if there are issues involving fraud,
national security concerns, investigation of criminal
offenses.

13. Congress of the United States
• Members of congress are urging President Obama to use a pardan to prevent
DACA population from being deported/removed from the United States.
• The Department of Homeland Security has fingerprints, home addresses, and
other information to identify these DREAMers. However, the President-elect
Trump has vowed to reverse your administrative actions on his first day in office,
in which case DACA recipients would be subject to deportation.
• The U.S. Constitution grants the President the “Power to grant Reprieves and
Pardons for Offences against the United States”.

14. Congress of the United States (Cont.)
• The Bridge Act (introduced on December 9, 2016) is designed to
protect the investment American communities have made in
educating DREAMers, immigrants who were brought to the United
States as children and are eligible for President Obama’s Deferred
Action for Childhood Arrivals (DACA) initiative.
• The Bridge Act would provide DACA-eligible individuals the chance
to apply for “provisional protected presence,” which is temporary
protection from deportation similar to the provided by DACA.

15. What are my options now?
• DACA recipients may be now eligible for green card
or other status.
• Important to discuss with Immigration Attorney.

16. QUESTIONS
Please contact our office for further information:
Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.
VISASERVE Plaza
487 Goffle Road, Ridgewood, NJ 07450
E-mail: info@visaserve.com
Phone: 201-670-0006 (ext 100)
Website: http://www.visaserve.com