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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
  3.  
  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
  6. Biden Administration Action: Other

    August 30, 2022

    2022.08.30_DACA Rule

    On August 30, 2022, the Biden administration published a final rule in the Federal Register that formalizes the Deferred Action for Childhood Arrivals (DACA) policy as a federal regulation, replacing the policy guidance given in the Obama administration's 2012 memo.

    The rule largely maintains the Obama-era eligibility requirements for DACA applicants and the process for obtaining work permits. Individuals who grew up in the U.S. but lack lawful status can apply to defer their removal for a renewable period of two years if they are over 15 years old, have lived in the U.S. since June 15, 2007, and were physically present in the country on June 15, 2012, and at the time of their application. The rule goes into effect on October 31, 2022.

    View Document

Current Status

Partially in effect
January 20, 2021
Acted on by Biden Administration
July 19, 2021
Acted on by Biden Administration
August 30, 2022
Acted on by Biden Administration

Original Trump Policy Status

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

Pre Trump-Era Policies

  • June 15, 2012

    Young noncitizens who meet certain criteria are declared low enforcement priorities and relief from removal.

    2012 Napolitano Memo on DACA
  • September 5, 2017

    Executes a wind-down of DACA program.

    DHS Memo: Memorandum on Rescission of Deferred Action for Childhood Arrivals (DACA)
  • June 22, 2018

    The Nielsen Memorandum upholds the Duke Memorandum from September 2017, which rescinded the DACA program. Secretary Nielsen provides 3 reasons for doing so. First, DACA is contrary to law under Texas v. United States and incompatible with the INA's regulatory scheme. Second, DHS is not sufficiently confident in the legality of DACA as a discretionary enforcement policy. Third, DACA was not implemented by Congress and lacks the detail and permanence of a statute. The Nielsen Memorandum then goes on to outline guidance for the individualized, case-by-case exercise of prosecutorial discretion.

    DACA Memorandum from Secretary Kirstjen M. Nielsen
  • August 1, 2020

    Outlines changes to DACA program in light of Supreme Court ruling in June 2020.

    NILC ILRC DACA FAQs

Commentary

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