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Original Date Announced
August 21, 2020In response to Acting Secretary Wolf's July 28, 2020 Memorandum on reconsideration of the 2012 DACA memo, USCIS's Deputy Director for Policy Joseph Edlow released additional guidance on how to implement Secretary Wolf's directives. The guidance directs USCIS personnel to reject all initial DACA requests and associated EAD applications, limit deferred action grants to 1 year, and reject all advance parole applications, among other matters. [ID# 1029]
USCIS Guidance Implementing the Wolf DACA MemoEffective Date
August 21, 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 -
August 28, 2020
Vidal v. Wolf, No. 1:16-cv-04756-NGG-JO (E.D.N.Y. Aug. 28, 2020)
Make the Road New York filed an amended complaint challenging Wolf's memo and its effects. See also Regents of U Cal v. DHS (N.D. Cal. 3:17-cv-05211) where plaintiffs are also challenging the Wolf memo.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
December 4, 2020
E.D.N.Y. Order in Batalla Vidal
The U.S. District Court for the Eastern District of New York 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.” The court had earlier held that Wolf's memo exceeded his authority as he was not legally appointed Acting Secretary of DHS.
Go to article on slnews.us -
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.**
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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, 20222022.08.24.Federal 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
Not 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 Actions: Agency Directive Change in PracticeSubject Matter: Enforcement DACAAssociated or Derivative Policies
Pre Trump-Era Policies
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June 15, 2012
DHS Secretary Napolitano issued a memo announcing the creation of DACA on June 15, 2012.
2012.06.15 Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children -
July 28, 2020
Rather than reinstating DACA following the Supreme Court’s order, DHS issued a new memo signed by Undersecretary of Homeland Security for Strategy, Policy, and Plans Chad Wolf in his role as Acting Secretary: “I have concluded that the DACA policy, at a minimum, presents serious policy concerns that may warrant its full rescission.” Wolf directed “DHS personnel to take all appropriate actions to reject all pending and future initial requests for DACA,” and limited DACA beneficiaries to one-year renewals rather than two.
Go to article on dhs.gov