Wilner & O'Reilly, APLC: 'DACA Rescinded; Cause for Hope, Not Panic'

"Congress Must Act Now," Says Law Firm

The following is an open letter from Wilner & O'Reilly, APLC an immigration law firm headquartered in Orange County, California:


[The rescission of DACA] does not mean, however, that people should panic. Instead, this could result in a very positive situation for those who have benefited from DACA and perhaps others as well.

Richard M. Wilner

Shareholder, WILNER & O'REILLY, APLC

The following is an open letter from Wilner & O'Reilly:  In an effort to motivate Congress to finally enact major immigration reform, the Trump administration has officially decided to cancel the Deferred Action for Childhood Arrivals ("DACA"). The announcement calls for a rescission of the June 15, 2012, Memorandum, which created the program. Today's memorandum ("Memo") may be found here. The program will officially end on March 15, 2018. This does not mean, however, that people should panic. Instead, this could result in a very positive situation for those who have benefited from DACA and perhaps others as well.

Salient points of the Memo reflect that as of Sept. 5, 2017, no new DACA applications will be accepted. Pending applications for first time applicants as well as renewal applicants will be processed. DACA beneficiaries expiring between Sept. 5, 2017 and March 5, 2018 can file renewal applications. Renewals must be accepted by DHS by Oct. 5, 2017. It is not yet known whether DHS will grant renewals for the full two-year period or a shorter period.

No new DACA advance parole applications will be approved. All pending advance parole applications will be administratively closed and fees will be returned to applicants. Previously approved advance parole documents will generally be honored, though DHS retains the authority to deny admission and/or revoke or terminate parole where it deems appropriate.

Wilner & O'Reilly, APLC is optimistic. Now that Congress has been mandated to act, to "do its job" as President Trump tweeted, we envision DACA being made into law or better yet, something completely new. The six month deadline, while understandably frightening to many, is inspiring to us because we believe that an agreement will be reached. This is an opportunity that could benefit millions of people in a way that DACA never would. You too should be hopeful. 

While it is not possible to predict the outcome for each DACA recipient, we do predict that mass deportations are likewise not possible. Some individuals, however, may be placed into removal ("deportation") proceedings. But, the fact that one may be placed into removal proceedings doesn't mean that one will be deported. Instead, there are particular forms of relief uniquely available to individuals in removal proceedings and one might be able to obtain more lasting immigration benefits through the immigration court. 

While the rescission of DACA is undeniably causing for concern, it should not be cause for panic. If one is eligible to renew your DACA grant, then one should do so immediately. If one is not eligible for renewal then one should contact an experienced immigration lawyer to assess what other options are available to you because when one door closes, another door opens.

Media contact:
Karin Ikeda



Categories: Politics, Legal Services, Legal Rights

Tags: DACA, deportation, DREAM ACT, DREAMers, hope, Immigration, MAGA, panic, protest, removal, rescission, Trump


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