Deferred Action for Childhood Arrivals (DACA) Program Restoration

Following a recent order issued by Judge Nicholas Garaufis of the U.S. District Court in Brooklyn, USDHS announced on December 7, 2020 that it would reinstate the DACA program in its original form.  DACA is a program created by President Obama to shield undocumented immigrants who came to the U.S. as minors from deportation.  Since September 5, 2017, when President Trump tried to end the program, DHS had refused to accept new applications and reduced the validity of the grants of deferred action to one year.

 Effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

·       Accepting first-time DACA applications for the first time in 3 years;

·       Accepting applications for advance parole documents for overseas travel;

·       Extending one-year grants of deferred action and employment authorization document under DACA to two years.

To be eligible for DACA, applicants must:

·       Be at least 15 years old at the time of filing;

·       Have come to the U.S. before they were 16;

·       Have lived in the U.S. continuously since June 15, 2007;

·       Have entered the U.S. unlawfully or fell out of status before June 15, 2012;

·       Have been under the age of 31 on June 15, 2012;

·       Be in school, have graduated from high school, or have a Graduate Equivalency Diploma (GED); and

·       Have not been convicted of a felony, a significant misdemeanor, or more than three misdemeanors of any kind.

Future of DACA

 President-elect Biden has vowed to make the DACA program permanent and work with Congress to create a pathway to U.S. citizenship.  However, USDHS may seek to appeal the order issued by Judge Nicholas Garaufis.  Republican attorneys general are also asking Judge Andrew Hanen in Texas to declare DACA unlawful. Judge Hanen has previously said DACA is likely illegal and blocked Obama administration actions to expand DACA and put into effect the (DAPA) program that would have protected undocumented parents of U.S. citizens and permanent residents in 2015.  Judge Hanen has scheduled a hearing on this case for December 22. 

The future of the DACA program is far from settled.  However, through the past four years, we have seen there is strong public support for Dreamer and their positive contributions to the country. Just like Dreamers, DACA has proven to be a survivor.

2020-12-08

Judy Chang Law Firm, National Immigration Law Firm
Copyright© Judy J. Chang, Esq. All rights reserved.
The information contained in article is provided for general information only and should not serve as a substitute for legal advice.
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