By: Gladys Gervacio and Angelita Chavez

On July 28, 2020, the Department of Homeland Security (DHS) announced that they are reconsidering the Deferred Action for Childhood Arrivals (DACA) policy and whether to rescind it, in light of the recent Supreme Court decision upholding the policy.

Effective immediately, DHS will reject all new requests for DACA and related Employment Authorization Documents (EADs). The agency will also reject new and pending advanced parole requests, except in the case of exceptional circumstances. Further, DHS will also limit the period of DACA renewals to one year, instead of two years.

Current DACA policy allows certain individuals who were present in the United States without authorization as children to defer deportation for two years and obtain a work permit.

DHS's Concerns for the Future of DACA

In their DACA policy memorandum, DHS expressed four primary concerns about whether:

• Policy decisions for deferred action programs like DACA should be made by Congress
• Deferred action decisions like DACA should be available in general or only on rare and individualized occasions
• The DACA program sends mixed messages about enforcement of US immigration laws
• DACA encourages parents to take risks to enter the US and possibly endanger their children

Conclusion

For help understanding your US immigration options, please contact your trusted Chugh, LLP attorney. We recommend forwarding this alert to your contacts who may benefit from the information.