New DACA Applicants May Apply Now
New DACA applicants may apply now as the USCIS is accepting applications for first time requests for deferred action under the DACA program. DACA, or Deferred Action for Childhood Arrivals, is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. The USCIS previously stopped accepting new applications for DACA after the July 28, 2020 “Wolf Memo,” directing the USCIS to reject all new applications for DACA and to limit DACA renewals and related immigration benefits to no more than one year, including work authorization.
DACA Program Updates
2020 has been a turbulent year for the DACA program. Below is a quick DACA events timeline since June 18, 2020.
June 18, 2020 – The Supreme Court’s 5-4 decision on Thursday, June 18, 2020, temporarily stopped the Trump administration’s previous attempts to end the DACA program due to procedural failures and remanded to the DHS to address its termination anew.
July 28, 2020 – The Wolf memo is issued and the USCIS stops accepting new requests for DACA; limits renewals and other related benefits.
November 14, 2020 – The U.S. District Court for the Eastern District of New York ruled the Wolf memo and other agency actions since he took over as Acting DHS Secretary invalid, as his appointment to the position was not an authorized agency action.
December 4, 2020 – The U.S. District Court for the Eastern District of New York ruled again on the Wolf memo and further ordered the Department of Homeland Security (“DHS”) to reinstate the DACA policy in effect on September 4, 2017.
December 7, 2020 – USCIS begins accepting new DACA applications pursuant to the December 4, 2020, U.S. District Court order.
New DACA Applicants
New DACA applicants, or first time DACA applicants, may now submit applications for DACA pursuant to DACA policy effective prior to September 5, 2017.
Additionally, the USCIS is accepting DACA renewal requests and applications for advance parole documents, pursuant to DACA policy effective prior to September 5, 2017.
All one year grants of deferred action under DACA will be extended to two years. One year Employment Authorization Documents (“EADs”) under DACA will also be extended to two years.
Please check the USCIS DACA website for additional updates.
We are here to help.
If you or someone you know are a new DACA applicant, and have questions about the program or what options you may have, Christians Law, PLLC is here to help. Tyler Christians is an experienced DACA attorney and can help you with your immigration needs.
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