REJECT DECISIONS ON INITIAL DACA AND ADVANCE PAROLE APPLICATIONS

The U.S. Department of Homeland Security (DHS) has announced that it will reject all initial DACA and advance parole applications either already pending or future initial requests, and shorten new renewals to one-year validity period, instead of the two-year period. 

 

DHS issued a Memorandum further explaining its policy with regard to the Deferred Action for Childhood Arrivals (DACA) program. 

 

The Memorandum followed the June 28, 2020 U.S. Supreme Court decision.

 

In its Memorandum, DHS rescinded all previously issued Policy Memoranda regarding the administration of the DACA program and indicated that the agency needs to take more time to determine how the June 28, 2020, U.S. Supreme Court decision must be applied to it.

Meanwhile and effective immediately DHS will ~

Reject all pending and future Form I-131 applications for advance parole from beneficiaries of the DACA policy and refund all associated fees, absent exceptional circumstances. 

  • Reject all initial DACA requests and associated applications for Employment Authorization Documents, and refund all associated fees, without prejudice to re-filing such requests should DHS determine to begin accepting initial requests again in the future. 
  • Limit the period of any deferred action granted pursuant to the DACA policy after the issuance of this memorandum (and thereby limit the period of any associated work authorization) to one year. 

Ref:

Supreme Court Decision : https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf

DHS Memorandum : https://www.dhs.gov/sites/default/files/publications/20_0728_s1_daca-reconsideration-memo.pdf