Pryor Cashman Immigration Counsel Kimberly Grant recently appeared on NPR affiliate WHRV's Educationally Speaking to discuss the history of the Deferred Action for Childhood Arrivals (DACA) program and what lies ahead, given U.S. Attorney General Jeff Sessions' announcement that he will rescind the program in 2018.

What is DACA?

Once enjoying bipartisan support, DACA has become a hotly contested policy issue. "DACA, in some shape or form, has been around since 2001," Grant explained. "It was originally introduced as the Dream Act, and versions of it got reintroduced in Congress multiple times, in 2007, 2010."

DACA reemerged into the national debate in 2012 when the Department of Homeland Security issued a directive on deportation and work eligibility. Specifically, Secretary of Homeland Security, Janet Napolitano, released a memo which instructed the Department on who, and who not, to prioritize for removal from the United States. Pursuant to the memo, individuals who met a certain set of criteria and passed a background check would be eligible for DACA and a work document.

To be eligible for DACA, one must:

  • Have come to the U.S. when they were under the age of 16 and initially applied for the program when they were under the age of 30;
  • Have continuously resided in the U.S. for five years at the time DACA was enacted (June 2012);
  • Be a student or a graduate, or have been honorably discharged from either the Armed Forces or the Coast Guard;
  • Have never been convicted of a crime or otherwise pose a threat to public safety or national security; and
  • Pass a background check.

If an individual was deemed to qualify for DACA, status and work authorization would be issued in two year, renewable increments, after such time the individual would need to reapply.

What Lies Ahead for DACA?

In September 2017, Attorney General Sessions announced he would rescind DACA in March 2018, unless Congress elects to preserve the program by passing its own version of immigration reform.

"If Congress doesn't act, people will begin losing - on a sort of rolling basis - the protection they have under DACA. They can 'ride out' their current DACA status and work permits, but anybody whose work permit expires after March 5, 2018 is not eligible to renew it," Grant said.

To hear Grant's full interviews, please visit here and here. Clips courtesy of WHRV and "Educationally Speaking."

More About Grant's Practice

Named to the Super Lawyers New York Metro "Rising Stars" and New Jersey "Rising Stars" lists in immigration law, Kimberly Grant advises clients across sectors, including technology/e-commerce, consumer products, pharmaceutical, biopharmaceutical, medical device manufacturing, hospitality and financial services, among others.

She frequently lectures on developments in U.S. immigration laws and global mobility trends, leveraging her knowledge to craft training and compliance programs for employers. Learn more about her work here.

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