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

  1. 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]

    View Policy Document
  2. Effective Date of Change

    July 28, 2020
  3. Subsequent Action

    August 28, 2020

    The following states filed an amended complaint in their DACA lawsuit, challenging Wolf's memo and its effects: New York, Massachusetts, Washington, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia.

    New York v. Trump, No. 1:17-cv-05228-NGG-JO (E.D.N.Y. Aug. 28, 2020)
  4. Subsequent Action

    November 14, 2020

    In Batalla-Vidal v. Wolf, 16-cv-4756, Make the Road New York filed an amended complaint challenging Wolf's memo and its effects. On November 14, 2020, the federal District Court of the Eastern District of New York granted plaintiffs' motion for class cert and held that Acting Secretary Wolf was not lawfully serving as Acting Secretary of Homeland Security under the Homeland Security Act (HSA) when he issued the revised DACA memo. See also Regents of U Cal v. DHS (N.D. Cal. 3:17-cv-05211) where plaintiffs are also challenging the Wolf memo.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Vidal v. Wolf, No. 1:16-cv-04756-NGG-JO (E.D.N.Y. Aug. 28, 2020)
  5. Subsequent Action

    December 4, 2020

    On December 4, 2020, the federal District Court of the Eastern District of New York vacated the Wolf Memorandum. The court also ordered DHS to post a public notice within 3 calendar days that it is accepting first-time requests for consideration of deferred action under DACA, renewal requests, and advance parole requests according to the court's Order of November 14, 2020. DHS must also provide mailed notice to all class members and produce a status report.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Vidal v. Wolf, No. 1:16-cv-04756-NGG-VMS (E.D.N.Y. Dec. 4, 2020)
  6. Subsequent Action

    December 7, 2020

    In response to the December 4, 2020 order issued in Batalla-Vidal v. Wolf, 16-cv-4756, USCIS announces that it will:

    • Accept first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020 order;
    • Accept DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020 order;
    • Accept applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020 order;
    • Extend one-year grants of deferred action under DACA to two years; and
    • Extend one-year employment authorization documents under DACA to two years.

    2020.12.07 USCIS Update Deferred Action for Childhood Arrivals
  7. Subsequent Action

    July 16, 2021

    U.S. District Judge Andrew Hanen found DACA to be "illegal," halting the processing of applications; however, he temporarily stayed his order of permanent injunction that would vacate protections for current DACA recipients.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Texas v. Perez, No. 1:18-cv-00068 (S.D. Texas, July 16, 2021).

Commentary

Explainer: Judge Hanen’s DACA Ruling

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