DHS Reconsideration and Interim Limitation of Deferred Action for Childhood Arrivals (DACA)

Policy effect

Acting Secretary of Homeland Security Chad Wolf issued a memorandum directing USCIS to reject all initial pending and future DACA requests, limit renewal grants of deferred action and employment authorization to one year instead of two, and deny applications for advance parole absent exceptional circumstances.

Conditions and exceptions

Validated condition or limit: Acting Secretary of Homeland Security Chad Wolf issued a memorandum directing USCIS to reject all initial pending and future DACA requests, limit renewal grants of deferred action and employment authorization to one year instead of two, and deny applications for advance parole absent exceptional circumstances.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… policy and the attendant benefits than aliens who submit such requests after the issuance of this memorandum. Accordingly, effective immediately, DHS shall: • 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. • Adjudicate all pending and future properly submitted DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries. • 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. • Refrain from terminating any grants of previously issued deferred action or revoking any Employment Authorization Documents based solely on the directives in this memorandum for the remaining duration of their validity periods. 1 Prior to July 24, DHS’s treatment of advance parole requests from DACA recipients varied. Many were rejected, while some were accepted and receipted. To the extent any rejected requestor believes exceptional circumstances support his or her request, he or she may now renew the request for advance parole, and it will be adjudicated on the terms set forth in this memorandum. Page 8 • 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. • Refrain from terminating any grants of previously approved advance parole based solely on the directives in this memorandum for the remaining duration of their validity periods. • Exercise its discretionary authority to terminate …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2020

• 2020-02-01Advance USCIS permission removed for qualifying consular I-130 filings
• 2020-02-01Routine I-130 processing ends at most USCIS international offices
• 2020-02-02Suspension of Entry for Aliens Physically Present in China
• 2020-02-21Proclamation 9983 expands travel restrictions to six additional countries
• 2020-02-24Nationwide Implementation of the Inadmissibility on Public Charge Grounds Final Rule
• 2020-03-01Implementation of the H-1B Electronic Registration Process
• 2020-03-02Suspension of Entry for Individuals Present in Iran
• 2020-03-13Suspension of Entry for Persons Present in the Schengen Area
• 2020-03-16Suspension of entry for aliens physically present in the United Kingdom or the Republic of Ireland
• 2020-03-18Somalia TPS designation extended through September 17, 2021
• 2020-03-20CDC Title 42 Public Health Border Suspension Order
• 2020-03-26Citizenship residence exception created for qualifying children living abroad
• 2020-04-23Presidential Proclamation 10014 Suspending Entry of Immigrants Risking the Labor Market
• 2020-05-26Brazil COVID-19 entry restriction begins on amended date
• 2020-06-24Proclamation 10052 suspends entry for H-1B, H-2B, J, and L workers
• 2020-08-21Removal of 30-Day Processing Provision for Form I-765 Employment Authorizations for Asylum Applicants
• 2020-08-21Temporary Travel Restrictions at Land Ports of Entry (U.S.-Canada and U.S.-Mexico Borders)
• 2020-08-25Revisions to Asylum Application, Interview, and Employment Authorization for Applicants
• 2020-09-23DHS temporarily requires government-provided interpreters for many asylum interviews
• 2020-10-02DHS finalizes USCIS fee schedule and fee-waiver changes
• 2020-10-08Department of Labor Interim Final Rule Strengthening Wage Protections for Immigrant and Nonimmigrant Workers
• 2020-11-18USCIS Policy Manual Update: Lawful Admission Prerequisite for Naturalization
• 2020-12-01Redesigned civics test introduced for new naturalization applications
• 2020-12-07DHS narrows H-1B specialty occupation and third-party placement rules