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Original Date Announced
July 28, 2020DHS 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”Effective Date
July 28, 2020Subsequent Trump-Era and Court Action(s)
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August 28, 2020
New York v. Trump, No. 1:17-cv-05228-NGG-JO (E.D.N.Y. Aug. 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.
View Document -
November 14, 2020
Vidal v. Wolf, No. 1:16-cv-04756-NGG-JO (E.D.N.Y. Aug. 28, 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.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
December 4, 2020
Vidal v. Wolf, No. 1:16-cv-04756-NGG-VMS (E.D.N.Y. Dec. 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.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
December 7, 2020
2020.12.07 USCIS Update Deferred Action for Childhood Arrivals
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.
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July 16, 2021
Texas v. Perez, No. 1:18-cv-00068 (S.D. Texas, 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. DACA was an improper exercise of agency authority, according to the court, because the normal “notice and comment” process for adopting new rules was not followed. The court orders USCIS to cease adjudicating new applications and granted summary judgment on plaintiffs’ Administrative Procedure Act (APA) claims. It vacated the June 15, 2012 DACA memorandum issued by former Secretary of Homeland Security Napolitano; remanded the memorandum to DHS for further consideration; and issued a permanent injunction prohibiting the government’s continued administration of DACA and the reimplementation of DACA without compliance with the APA. The Court, however, temporarily stayed its order vacating the DACA memorandum and its injunction for individuals who obtained DACA on or before July 16, 2021, including those with renewal requests.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action: Revoked/Replaced
January 20, 2021Preserving 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.govBiden Administration Action: Approved/Retained
July 19, 2021Consideration 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.govBiden Administration Action: Other
August 30, 20222022.08.30_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 DocumentCurrent Status
Partially in effectJanuary 20, 2021Acted on by Biden Administration
July 19, 2021Acted on by Biden Administration
August 30, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: DACAAssociated or Derivative Policies
- September 5, 2017 DHS terminates DACA (Deferred Action for Childhood Arrivals) Program
- June 22, 2018 DHS updates DACA rescission memo
- August 21, 2020 USCIS implements DHS guidance to reject, restrict, and shorten DACA program
Pre Trump-Era Policies
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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
Documents
Trump-Era Policy Documents
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New Policy
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Prior Policy
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Prior Policy
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Prior Policy
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Prior Policy
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Subsequent Action
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Subsequent Action
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Subsequent Action
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Subsequent Action
Original Source:
USCIS Update Deferred Action for Childhood Arrivals
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Subsequent Action
Original Source:
Texas v. Perez, No. 1:18-cv-00068 (S.D. Texas, July 16, 2021).
Commentary
Explainer: Judge Hanen’s DACA Ruling
Go to article on immigrationforum.org