On December 4, 2020, a Federal Judge ordered DHS to fully reinstate the DACA program. This would allow up to 300,000 additional persons to apply for the program, and for those granted DACA to apply for advance parole in order to travel abroad, and perhaps, adjust their status in the U.S.
On November 14, 2020, a Federal Judge ruled that the July 2020 DHS memo regarding DACA was invalid.
On July 28, 2020, DHS issued a memo stating that the agency will
- Reject all pending and future initial requests for DACA;
- Reject all pending and future applications for advance parole absent exceptional circumstances; and
- Shorten the period of renewed deferred action granted pursuant to the DACA policy after the issuance of the memo to one year.
The Deferred Action for Childhood Arrivals (DACA) program was initiated by former President Obama on June 15, 2012. The program protects certain undocumented persons who were brought to the United States as children from deportation. Additionally, persons who qualify for DACA can get work permits (Employment Authorization Documents) and, in some cases, international travel permits (Advance Parole).
In order to qualify, applicants must meet the following requirements:
- Be under 31 years of age on June 15, 2012;
- Have first come to the US prior to their 16th birthdays;
- Have lived in the US since June 15, 2007;
- Be physically present in the US on June 15, 2012 and on the date of the application;
- Not be in lawful immigration status on June 15, 2012;
- Be currently studying or have graduated from high school, earned a GED or have an honorable discharge from the US Armed Forces or the Coast Guard; and
- Have not be convicted of a felony or DUI, or convicted of a “significant misdemeanor” or 3 or more misdemeanors of any kind.
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On September 5, 2017, Attorney General Jeff Sessions announced that the program would be terminated effective March 5, 2018. This 6-month period was meant to give Congress a chance to enact legislation to protect the Dreamers. However, Congress failed to act to do so after the Trump Administration demanded that any DACA bill provide money to finance a wall on the U.S.- Mexico border.
However, in January and February 2018, 2 US District Courts issued preliminary injunctions enjoining the Administration from ending the program. In late February 2018, the US Supreme Court turned down the Administration’s request to allow it to end DACA on March 5.
On June 18, 2020, the U.S. Supreme Court ruled against the Trump Administration and reinstated DACA. On July 17, a Federal Judge ordered USCIS to start accepting new DACA applications.
On August 6, 2020, acting DHS Secretary Wolf stated that the Supreme Court “in no way” told DHS to process new applicants
DACA Success Stories
End of Program? – Frequently Asked Questions
- Screening Potential Requestors for Other Forms of Relief (AIC)
- Without Action, More DACA Recipients Than Ever Before Could See Their DACA Expire in October (8-15-19)
- DACA 2017 Announcement (USCIS)
- DHS – Rescission of Deferred Action for Childhood Arrivals (9-5-17)
- DHS Memo on the Repeal of Deferred Action for Childhood Arrivals (9-5-17)
- DHS – Frequently Asked Questions on the Repeal of Deferred Action for Childhood Arrivals (9-5-17)
- Acting DHS Secretary Duke’s Statement on the Repeal of Deferred Action for Childhood Arrivals (9-5-17)
- Attorney General Session’s Letter Advising DHS to Rescind DACA
Do I Qualify for DACA?
- Executive Actions on Immigration (2-11-15)
- USCIS Deferred Action for Childhood Arrivals (11-20-14)
- Renewals – Plus DACA to Green Card
- Using Facebook to Support Your Application
Forms and Instructions
- Don’t Let Your Work Permit Expire; Follow These DACA Renewal Tips
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals
- Form I-821D Instructions
- Form I-765, Application for Employment Authorization
- Form I-765 Instructions
- Form I-765 Worksheet
- Form G-1145, E-Notification of Application/Petition Acceptance
- How to Apply for Social Security (SSA)
News Stories
- Reconsideration of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” (7-28-20)
- Judge orders Trump administration to accept new applications (7-17-20)
- Trump says he’ll sign order with ‘road to citizenship’ for DACA recipients (7-10-20)
- Supreme Court blocks Trump from ending the program (6-18-20)
- USCIS Releases Report on Arrest Histories of Illegal Aliens who Request DACA (11-16-19)
- Supreme Court May Side With Trump On ‘DREAMers’ – NPR (11-13-19)
- Supreme Court to Hear Arguments on DACA on November 12, 2019
- Supreme Court Turns Down Trump’s Appeal in ‘Dreamers’ Case (2-26-18)
- Batalla Vidal v. Nielsen – US District Court in New York Enjoins Administration from Ending Program for DREAMERS (2-13-18)
- Regents of the University of California v. DHS – US District Court in California Enjoins Administration from Ending DREAMERS Program (1-08-18)
- Who is a Typical Dreamer? (9-06-17)
- Trump Administration Announces End of Immigration Protection Program for Dreamers (9-05-17)
- Letter from 20 States to President Trump Urging Him to Maintain the Program for DREAMERS (7-21-17)
- Bipartisan DREAM Act Introduced in the Senate (7-20-17)
- Letter from 10 States to Attorney General Sessions Demanding that He Discontinue DREAMERS Program (6-29-17)
- Statement by DHS Secretary Johnson Concerning the District Court’s Ruling Concerning DAPA and DACA (2-17-15)
- USCIS Will Begin Accepting Requests for Expanded DACA on February 18, 2015 (1-29-15)
- Who Said Your Immigrant Client Cannot Get Credit for Social Security Payments (11-1-14)
- Are You Eligible for a Scholarship? (11-21-13)
- Scholarships Student Resource Guide for 2013 (11-21-13)
- Smartphone App Launched to Help Illegal Immigrants Avoid Deportation (8-14-13)
- Happy Birthday DACA: Program Offers Hope for More Limits on Deportations (8-14-13)
- ACLU Sues Michigan for Prohibiting Licenses to Deferred Action Youth (12-19-12)
- Documenting the Undocumented Life (10-4-12)
- Flood of Applications, Trickle of Approvals (9-28-12)
- First Approvals Issued by USCIS (9-11-12)
- 5 Issues Employers Should Know About Deferred Action for Childhood Arrivals (9-11-12)
- How The Deferred Action Immigration Program Went From Dream To Reality (8-19-12)
- U.S. Set to Start Program Sparing Young Illegal Immigrants Deportation (8-03-12)
- Obama’s Lead Increases in Swing States With Latino Votes (6-22-12)
- GOP Senators Send Obama a Letter Challenging New Policy (6-19-12)
- Obama Administration Steps up for DREAMers (6-19-12)
- Deferred Action: Smart and Sensible Immigration Policy (6-15-12)
- Obama to Stop Deporting Some Young Illegal Immigrants (6-15-12)
Practice Advisories
- Resources on Deferred Action for Childhood Arrivals (8-07-19)
- Screening Potential Requestors for Other Forms of Relief (09-05-17)
- Deferred Action for Childhood Arrivals (11-18-15)
- Advance Parole for Deferred Action Recipients (8-26-13)
- “Brief, Casual and Innocent” Absences from the U.S. (AIC) (1-29-13)
- Inspection and Entry at a Port of Entry: When is There an Admission? (AIC) (1-29-13)
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Carl Shusterman
Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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