Stays of Removal for DACA Recipients
On September 5, 2017, President Trump announced that he was rescinding the Deferred Action for Childhood Arrivals (DACA) program, leaving approximately 800,000 undocumented youth at risk for apprehension and removal from the United States. The DACA program was expressly available to youth with prior removal orders, so long as they met the DACA requirements. With the rescission of DACA, those individuals with prior removal orders are now extraordinarily vulnerable to apprehension and deportation, despite growing up in the United States since childhood. The purpose of this practice advisory is to assist practitioners filing stays of removal for those DACA recipients who have prior removal orders. This advisory explains how to seek a stay with the immigration court, the Board of Immigration Appeals (BIA) and the U.S. courts of appeal. It also covers how to seek a stay of removal from the Department of Homeland Security (DHS).