New DACA Memo: DHS Acting Secretary Wolf
3 Main Takeaways
Contrary to the Supreme Court’s order to reinstate DACA, the Trump administration issued a memo on July 28, 2020, stating USCIS will:
- Reject all initial DACA applications;
- Reject all Advance Parole requests unless there are exceptional circumstances; and
- Shorten the renewal period from 2 to 1 year.
This means USCIS will reject all initial DACA applications and will return any applications submitted, along with filing fees. If you are a current DACA recipient, you should continue to renew. Otherwise, you will fall out of lawful status and lose your employment authorization.
DO NOT LOSE HOPE! Although this news is devastating and the hardship significant, advocates will challenge this latest pronouncement.
BE PREPARED! People should continue to work with a qualified representative to be ready to apply should USCIS’ position change or legal challenges prevail.
STAY TUNED! DACA is in flux and will be so for the near future. This means that things can shift in short time and you want to stay informed through trusted advocates and news outlets.
We urge you to make a consultation with our UFW Foundation DOJ Accredited Representatives by calling 1-877-881-8281
DACA Supreme Court Decision: What Does it Mean?
After a long legal battle, the Supreme Court issued a victorious decision for dreamers on June 18, 2020. The Court found the Trump administration’s 2017 attempt to terminate the DACA program was unconstitutional – that it was “arbitrary and capricious.” The Court ordered the program to be reinstated to its pre-2017 version. This means USCIS should now accept initial DACA applications as well as continue processing renewals but please reference DHS memo issued on July 28, 2020, for more guidance.
What does this mean for current and potential DACA recipients?
- Current DACA recipients continue to be protected from deportation and eligible for connected benefits, like work authorization.
- Eligible DACA recipients can continue to apply to renew their DACA.
- Eligible individuals who never had DACA should be able to apply at this time.
- Advance Parole should be once again available to DACA recipients, allowing them lawfully to travel outside the United States and return
DHS/USCIS has yet to issue guidance to implement the Supreme Court’s decision. If you think you may be eligible, we urge you to consult with a legal service provider.