On December 4, 2020, A federal judge in New York ordered the Trump administration to fully restore the Deferred Action for Childhood Arrivals (DACA) program, which is an Obama-era initiative that provides deportation protections for undocumented immigrants who arrived in the United States as children. The program is now open to new applicants for the first time since September 2017, when President Trump attempted to terminate it.
U.S. District Judge Nicholas Garaufis in Brooklyn ordered the Department of Homeland Security (DHS) to post a public notice by December 7 to accept first-time applicants and make sure that work permits last up to two years.
Effective as of December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:
Accepting first-time requests for consideration for deferred actions under DACA based on the terms of the program's policy in effect before September 5, 2017, and in accordance with the Court's order on December 4, 2020;
Accepting DACA renewal requests based on the terms of the DACA policy in effect before September 5, 2017, and in accordance with the Court's order on December 4, 2020;
Accepting application for advance parole documents based on the policy terms before September 5, 2017, and in accordance with the Court's order on December 4, 2020;
Extending grants of deferred action for up to one year to two years; and
Extending employment authorization documents for up to one year to two years
There are about 640,000 immigrants who are enrolled in DACA. According to the Center for American Progress, at least 300,000 immigrants were denied DACA protections because the Trump administration stopped accepting applications in September 2017.
Although this court decision is a major victory for current and potential DACA recipients, there is another ruling pending after U.S. District Jude Andrew Hanen in Texas heard arguments from Republican-led states about the alleged unlawfulness of the program.
However, the U.S. Supreme Court previously ruled that the Trump administration's attempt to end DACA in 2017 was unlawful. Following the June 2020 court ruling, President-Elect Joe Biden vowed to make DACA permanent on "day one" if elected.
If you or a loved one is interested in applying to the DACA program in Illinois, Texas, or Arizona, contact Gambacorta Law today at (847) 443-9303 to learn how we can help you.