Original Date AnnouncedFebruary 15, 2018
USCIS issues new guidelines for DACA renewal applications after a federal judge enjoined the Trump Administration to maintain the DACA program. The injunction does not apply to individuals who had yet to apply for DACA. [ID #303]USCIS Update: Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction
Effective DateFebruary 15, 2018
Subsequent Trump-Era and Court Action(s)
June 18, 2020
Supreme Court DACA Decision
On June 18, 2020, the U.S. Supreme Court ruled that the DACA rescission was an unlawful violation of the APA. DHS v. Regents of the University of California, Case. No. 18-587.View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
July 28, 2020
Reconsideration of the June 15, 2012 Memo Entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children"
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.
After the Wolf memo, USCIS Deputy Director for Policy Joseph Edlow issued an implementing memo on August 21, 2020, ordering inter alia that the component "[r]eject all initial DACA requests and associated applications for Employment Authorization Document" and categorically reject advance parole applications. See https://www.uscis.gov/sites/default/files/document/policy-alerts/dacamemo.pdfGo to article on dhs.gov
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," covering renewals and advance parole requests as well. 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. US opinion
Judge Hanen of the U.S. District Court for the Southern District of Texas rules that DACA was an improper exercise of agency authority, 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.
The Biden administration issued a statement calling the decision "deeply disappointing" and encouraging Congress to act. See https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/17/statement-by-president-joe-biden-on-daca-and-legislation-for-dreamers/. "The Department of Justice intends to appeal this decision in order to preserve and fortify DACA. And, as the court recognized, the Department of Homeland Security plans to issue a proposed rule concerning DACA in the near future."Go to article on s3.documentcloud.org
Biden Administration Action: Under StudyJuly 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."Go to article on uscis.gov