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DHS issues DACA memo rejecting initial DACA requests, restricting advance parole, and shortening renewals to one year

  1. Original Date Announced

    July 28, 2020

    DHS issues memo in response to Supreme Court's June 2020 decision. The memo, signed by Acting Secretary Wolf, rescinds the Nielsen and Duke memos, announces the agency's intent to reconsider the Napolitano memo, and adopts three changes to DACA pending reconsideration: (1) rejecting all new DACA applications; (2) prohibiting advance parole absent exceptional circumstances, and (3) limiting renewal period to one year.

    [ID #998]

    Reconsideration of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”
  2. Effective Date

    July 28, 2020
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  4. Biden Administration Action: Revoked/Replaced

    January 20, 2021

    Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)

    President Biden issues a Day 1 Executive Order committing to "Preserving and Fortifying DACA. The Secretary of Homeland Security, in consultation with the Attorney General, shall take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA."

    Go to article on whitehouse.gov
  5. Biden Administration Action: Approved/Retained

    July 19, 2021

    Consideration of Deferred Action for Childhood Arrivals (DACA)

    Reacting to Judge Hanen's decision, USCIS states that consistent with his order, "DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, . . . DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy."

    Go to article on uscis.gov

Current Status

Partially in effect
January 20, 2021
Acted on by Biden Administration
July 19, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: DACA
Agencies Affected: CBP ICE USCIS

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