DACA Updates

August 6, 2020 Mary Heinemann

On Tuesday, July 28, 2020, Chad F. Wolf, Acting Secretary of U.S. Department of Homeland Security, wrote a memo to senior officials in U.S. Customs & Border Protection (CBP), U.S. Immigration & Customs Enforcement (ICE), and U.S. Citizenship & Immigration Services (CIS). In it, he addressed the Deferred Action for Childhood Arrivals (DACA) program and its future. He stated that he will be putting appropriate consideration to rescind the program fully, and that he will make changes in the interim to reduce access to the program.

It’s a wordy, 8-page document, with copious details about the court case, previous memos, and his position on this program, but a summary of what will affect current DACA recipients and applicants follows.

Effective immediately, DHS shall: 

  1. Reject all initial DACA requests and associated applications for Employment Authorization Documents (EAD). They will refund all associated fees, and will not reject them in the future if DHS does begin accepting initial applications again. 
  2. Process all pending and future properly submitted DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries. 
  3. Limit the period to one year of any DACA grant and associated EAD. 
  4. Refrain from ending or revoking any DACA or EADs from those who already were approved for those prior to the memo.
  5. Reject all pending and future Form I-131 applications (advance parole) from DACA recipients and refund all associated fees, absent exceptional circumstances. 
  6. Refrain from ending any previously approved advance parole during their current validity periods. 
  7. Exercise its discretionary authority to terminate or deny [an individual’s] deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.
  8. Continue to comply with the information-sharing policy as reflected in the DACA Frequently Asked Questions issued alongside the Napolitano Memorandum, and as set forth in USCIS’s Form I-821D instructions. 

The entire memorandum can be found here.