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USCIS Complies with Full Reinstatement of DACA


On December 4, 2020, a U.S. District Court for the Eastern District of New York ordered DHS to fully reinstate the DACA program, finding that Wolf’s July 2020 memo reconsidering the DACA program must be put aside. The order is effective immediately, and DHS is required by the order to post a public notice stating that it is accepting new, initial DACA applications, work permits are valid for two years, and DACA recipients are eligible to apply for Advance Parole.

The court had previously held in a November 14, 2020, decision that Chad Wolf was not lawfully serving as DHS Acting Secretary under the Homeland Security Act when he issued the July 28, 2020, memorandum suspending DACA following the Supreme Court decision in DHS v. Regents of the University of California.

As released on the USCIS website on December 7:

On November 14, 2020, Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York issued an opinion regarding the July 28, 2020 memorandum signed by Acting Secretary Chad F. Wolf. On December 4, 2020, Judge Garaufis required the Department of Homeland Security (DHS) to take certain actions to implement his November 14 opinion. As a result, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

  • Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Extending one-year grants of deferred action under DACA to two years; and
  • Extending one-year employment authorization documents under DACA to two years.

USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the Wolf Memorandum.

DHS will comply with Judge Garaufis’ order while it remains in effect, but DHS may seek relief from the order.

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