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District Court Orders Full Reinstatement of DACA

On December 4th, a U.S. District Court for the Eastern District of New York ordered the Department of Homeland Security (DHS) to fully reinstate the Deferred Action for Childhood Arrivals (DACA) program, effective immediately.

The court found that DHS Acting Secretary Wolf’s, July 28th memorandum, must be set aside. This memo authorized DHS to 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 memorandum to one year.

The court also ordered DHS to post a public notice stating that new, initial DACA applications will be accepted. According to the court order, work permits are valid for two years and DACA recipients are eligible to apply for Advanced Parole.

Additionally, in compliance with the court order, USCIS has posted a notice regarding the reinstatement of the DACA program. Effective December 7th, 2020, USCIS will accept first-time DACA requests, accept DACA renewal requests, accept applications for Advanced Parole under DACA, extend one-year grants of deferred action under DACA to two years, and extend one-year employment authorization documents under DACA to two years, based on the terms of the DACA policy in effect prior to September 5th, 2017.

Barring a decision from a higher court blocking the court’s order, eligible individuals are authorized to file initial requests for the DACA program.

To access USCIS’s announcement on the reinstatement of the DACA program, please click here.

For more information and any questions on the reinstatement of the DACA program, please email immigrationinfo@cornerlaw.com.

 

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