DACA Update: USCIS Denies Accepting Initial Applications, Limits Early Parole Requests, and Shortens Extensions from Two to One Year Joseph & Hall PC Immigration

On June 18, 2020, the US Supreme Court became decided The Trump administration’s attempt in 2017 to end the Deferred Action for Childhood Arrivals (DACA) program was legally inappropriate as the government agency failed to provide a reasoned explanation for its actions. As explained in a previous post, the court’s decision left the door open for the Trump administration to repeal the DACA.

According to the court ruling, the United States Citizenship and Immigration Service (USCIS) should have accepted both initial and renewal requests for DACA as well as requests for acceptance early parole (Travel documents) since June 18th. However, USCIS has never issued any guidance on when and how they would process initial applications or advance parole applications. In addition, following numerous reports from attorneys in Colorado and across the country, USCIS continued to deny these requests despite the Supreme Court ruling.

On July 17, 2020, he became a federal district judge in Maryland ordered USCIS begins accepting initial DACA requests and pre-probation requests for probation. However, USCIS continued to deny these requests despite a Supreme Court decision and an order from a federal district judge.

Finally, the acting secretary of the U.S. Department of Homeland Security (DHS), under USCIS, announced on July 28, 2020, after openly ignoring the Supreme Court decision and a subsequent federal district court order for nearly six weeks Press release and an accompanying one memorandum that it will conduct a “full review” of the DACA program to assess its legality and to determine whether and if so how the program is to be continued in the future. Meanwhile, the agency announced the following immediate changes to the DACA program:

• Everything initial Applications for DACA and the associated work permit are made declined;;
• Everything new and pending Requests for early parole will be declined, missing “extraordinary circumstances”;; and
• All DACA Renewals and related work permit documents (EADs or work permits) will now be limited to one year (shortened from two years which has been the standard since the program started in 2012).

Following the announcement, a senior administrator shared a Politico Reporters said the new memo “is considered an intervention that would allow the administration to continue to reject new applicants under the court order.” In addition, the official declined to indicate how long the agency’s “comprehensive review” of the DACA program might take, but “the period could keep the program in effect beyond the November presidential election”.

In doing so, however, the DHS again violates the decision of the Supreme Court and the order of the lower court, according to which the agency must maintain the DACA program created in 2012 and process the initial and renewal applications and the associated EADs in two years as well as early parole requests. In addition, the DHS has again not given a reasoned explanation for its action, but only stated that it has “concerns” about the program and must carry out a “comprehensive review of the same”. Therefore, the DHS should be ready to face a lawsuit on this matter.

While the program remains pending, you can do the following:

• If you are an immigrant:
  • If you have DACA, have had DACA before, or think you are entitled For an initial DACA grant, you should consult with an experienced immigration attorney or an accredited legal representative about your eligibility to submit an extension or initial application for DACA and about possible options outside of DACA.
  • Find out about your right under the US constitution and knowledge What should I do when immigration officers (“ICE”) come to your home, work, or speak to you in public.
• If you want to work towards a permanent solution to child arrivals in the United States:
  • Call and / or write yours Senators and Representative Express their support and ask them to adopt a permanent legislative solution as soon as possible. You may also be able to meet with your member of the congress or one of his or her staff by appointment, or speak to them at a local “town hall” meeting if they are holding them near you.
  • If you’re eligible, make sure you’re eligible registered for voting before the November 2020 elections and then make your voice heard in the elections.
  • Educate your friends, family, co-workers, neighbors, and the community about the importance of protecting children’s arrivals and how they can affect our economic and community well-being.

Please stay tuned for further updates via this website and our Facebook page During this time.