Federal District Court Rules that DHS Must Fully Restore DACA Program and Benefits

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By: Angelita Chavez

A federal district court in New York has ruled that the Department of Homeland Security (DHS) must reinstate the Deferred Action for Childhood Arrivals (DACA) program to its pre-September 5, 2017 regulations. Under the order, United States Citizenship and Immigration Services (USCIS) must accept first-time requests for DACA and requests for advance parole. Employment authorization documents (EADs) will be granted for two-year periods. EADs that were issued with a one-year validity period will be extended to two years. DHS is ordered to post an announcement to the public on December 7, 2020 that reflects these changes.

the road to daca’s reinstatement¬†

On November 14, 2020, a federal district court effectively invalidated the July 28, 2020 DHS memo that limited the benefits available to DACA recipients. In the decision, Judge Nicholas Garaufis ruled that Acting Secretary of Homeland Security Chad Wolf did not have authority to issue the memo because he was unlawfully appointed.

DACA provides benefits to certain individuals who arrived in the United States as children without authorization, including deportation deferral for two years, employment authorization, and authorization to travel internationally (advance parole). DACA has faced numerous challenges from the Trump administration, including a 2017 attempt to rescind the program.

conclusion

With this ruling, DACA is restored to its original regulations. For help applying for DACA benefits, or for other case-specific questions, please contact your trusted Chugh, LLP attorney.

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