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USCIS implements DHS guidance to reject, restrict, and shorten DACA program

  1. Original Date Announced

    August 21, 2020

    In 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 Memo
  2. Effective Date

    August 21, 2020
  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."

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  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."

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  6. Biden Administration Action: Other

    August 30, 2022

    2022.08.24.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.

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Current Status

Not in effect

Most Recent Action

August 30, 2022 Action: Other 2022.08.24.Federal DACA Rule
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 Actions: Agency Directive Change in Practice
Subject Matter: Enforcement DACA
Agencies Affected: CBP ICE USCIS

Pre Trump-Era Policies

  • 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.

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