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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 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 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.
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
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
Current Status
Not in effectOriginal 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 may to one-year renewals rather than two.
Go to article on dhs.gov