During his campaign, Trump said that he intends to end the DACA program. We will not know until after January 20, when the new Trump administration takes power what his administration's officials might do with the information that DACA applicants have submitted on their application.
Currently I do not have DACA, but I think I am eligible. Should I apply for it ?
If you do not currently have DACA,we recommend that you do not do so at this time. We recommend not submitting a first- time application for DACA until we see what happens next year under the Trump administration.
Also consider this: If you apply today, it is unlikely that your application will processed until after January, since it usually takes over three months to process a DACA application. By then, the DACA program may have been terminated.
If you decide to wait to see what happens next year, in the meantime you can still gather supporting documents and be ready for filing in case the DACA program is not terminated.
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What will happen to the information on DACA applications?
Currently, USCIS's policy is that it does not share information about a DACA applicant or the applicant's family member with U.S Immigration and Customs Enforcement (ICE) for immigration enforcement purposes unless there are serious criminal, fraud, or national security issues with the case.
If I have DACA, will be deported if the DACA program is terminated?
People with DACA would not necessarily be automatically at greater risk of being deported than other undocumented immigrants if the DACA program is terminated. People with DACA are considered "low priorities" for deportation, based on how long they've lived in the U.S., their ties to the U.S., and their not having committed serious crimes.
I have DACA. Will my deferred action be terminated when Trump takes office in January?
No. We do not know at this time what approach the Trump Administration will take toward undocumented families. Individuals without status who are present in the U.S have certain legal and constitutional rights. That process can take years in some cases, and you can remain in the U.S until a final decision is made.
I have DACA. Will the federal government use my information to find and deport me?
Deporting over 700,000 DACA recipients would be very time-consuming and expensive. DACA recipients are also near the bottom of the government's priority list for deportation. However, Trump's actions are difficult to predict, so families should take precautions now by discussing other legal options with a qualified immigration lawyer.
What will happen with DAPA / Expanded DACA (DACA 2014)?
Implementation of these initiatives has been halted by a lawsuit. However, the new President can rescind these initiatives if he chooses, effectively making that court process moot.
The information in this FAQ is not legal advice. Every person's situation is different. To get legal advice about whether you should either apply for DACA for the first time or apply to renew your DACA, you should talk to a qualified immigration lawyer.
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