On November 14, 2020, a United States District Court issued an order requiring the Department of Homeland Security to reinstate the DACA policy that was in effect on September 4, 2017. On December 4, 2020, the District Court directed DHS to take several steps in compliance with its order.
Deferred Action for Childhood Arrivals (DACA)
On November 14, 2020, a United States District Court issued an order requiring the Department of Homeland Security to reinstate the DACA policy that was in effect on September 4, 2017.
Attorney General William P. Barr’s letter to Acting Secretary Chad F. Wolf on DACA, received on June 30, 2020.
On June 15, 2012, Secretary of Homeland Security Janet Napolitano established the policy known as Deferred Action for Childhood Arrivals (DACA) through a memorandum entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.” Ever since, the policy has been subject to substantial controversy. In recent years, Acting Secretary of Homeland Security Elaine Duke and Secretary of Homeland Security Kirstjen Nielsen concluded that the DACA policy should be fully rescinded and issued additional memoranda in 2017 and 2018, respectively, to effect that decision.
Acting Secretary of Homeland Security Chad F. Wolf announced that in response to the Supreme Court’s decision, the Department of Homeland Security will take action to thoughtfully consider the future of the DACA policy, including whether to fully rescind the program.
The Department of Homeland Security released the following statements regarding the Supreme Court decision on DACA.
Memorandum from Secretary Kirstjen M. Nielsen on the Rescission Of Deferred Action for Childhood Arrivals (DACA)
In compliance with court injunctions, USCIS is accepting and adjudicating DACA requests for renewals as they are submitted. This process is in accordance with the longstanding DACA policies on renewals.
Due to a federal court order, U.S. Citizenship and Immigration Services (USCIS) has resumed accepting requests to renew a grant of deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.
Based on the Department of Homeland Security’s (DHS) parameters for an orderly wind-down of the Deferred Action for Childhood Arrivals (DACA) policy, eligible DACA recipients have until this Thursday, October 5th to properly file their renewal request and associated application for employment authorization to U.S. Citizenship and Immigration Services (USCIS).