Latest on Deferred Action for Childhood Arrivals (DACA)
On July 28, 2020, Chad F. Wolf, Acting Secretary of the Department of Homeland Security (DHS), released a memorandum directing DHS personnel to reject new Deferred Action for Childhood Arrivals (DACA) applications. In addition, any incoming applications for DACA renewals will only be offered for 1 year.
Therefore, as of now DHS is not accepting new applications for DACA. If you have questions about DACA we recommend that you consult with an immigration attorney. To schedule an appointment for a consultation with one of our attorneys please call 213.200.1505.
The above memorandum on July 28, 2020, comes after a federal court judge in Maryland made it crystal clear on July 17, 2020 that United States Citizenship and Immigration Services (USCIS) must accept new DACA and Advance Parole applications. Now, we have to wait for USCIS to release a statement on how they will proceed with this decision.
As you all know, on June 18, 2020 the Supreme Court ruled in favor of DACA after the Trump administration tried to get rid of it. The Supreme Court stated that the arguments presented by the Trump administration against DACA were not legitimate. They Supreme Court judges described the arguments as “arbitrary and capricious.” Therefore, the Trump administration did not provide strong arguments, which led to the Supreme Court’s ruling in keeping DACA.
The Supreme Court’s ruling should have restored DACA to its “pre-September 2017 status” meaning before the Trump administration tried to terminate it. That meant that USCIS should have begun to accept new DACA and Advance Parole applications. However, since the ruling in June, USCIS has not accepted new applications for DACA or Advance Parole.