DACA is Fully Reinstated!

On Monday, December 7th, DHS announced on its website that first-time Deferred Action for Childhood Arrivals (DACA) requests will now be accepted along with renewals. One-year grants of extended action and employment authorization will be expanded to two years.

The announcement came after a federal district judge ordered the Trump administration to fully reinstate the DACA program on December 4th. In the order, Judge Nicholas Garaufis of the U.S. District Court in Brooklyn stated that DHS must “post a public notice, within 3 calendar days of this Order ... that it is accepting first-time requests for consideration of deferred action under DACA”.

The order came after (1) the Supreme Court decision in June ordering the Administration to start accepting new DACA applications and requests for Advance Parole. and (2) Judge Garaufis’ prior November 14th decision invalidating a July DHS memo that had refused to fully reinstate the DACA program.                    

The central issue of the case, Batalla Vidal v. Wolf, had been the lawfulness of a July DHS memo which had refused to accept initial DACA applications, refused to accept Advanced Parole applications under DACA, and limited the duration of DACA extensions to one year (rather than two). Many saw the July memo as a complete disregard of the June Supreme Court decision re the DACA program.

Judge Garaufis had ruled in mid-November that Wolf “was not lawfully serving as Acting Secretary of Homeland Security under the Homeland Security Act when he issued the July 28, 2020 memorandum.” Because he was the only undersecretary at the time, he did not have the authority to make changes to the DACA program.

The order on December 4th simply sought to enforce the November 14th decision by requiring DHS to take action.       

Please click here to read the announcement on the DHS website.              

Please click here to read the December 4th order.

Please also click here to read a previous post on the November 14th order.

This is a victory for those who are eligible who DACA, but it is important to stay informed about the latest and greatest developments with the DACA program, especially since there is still a pending lawsuit challenging the DACA program in Texas.

If you are interested in filing an initial DACA application or an Advanced Parole application under DACA, please call Blaszkow Legal.

Posted in Immigration Law

Recent Posts