Judge Orders Reinstatement of DACA (Deferred Action for Childhood Arrivals)

On December 4, 2020, a U.S. district court in the Eastern District of New York ordered the full reinstatement of the Deferred Action for Childhood Arrivals (DACA) program which had been severely restricted pursuant to a July 2020 memorandum issued by Chad Wolf, the acting Secretary of Homeland Security, finding that Wolf’s appointment was invalid and rolling back the Wolf memorandum which curtailed the DACA program. 

 As a result, on December 7, 2020, the Department of Homeland Security (DHS), published a notice on its website stating that the agency will comply with the Order and is now accepting new DACA applications, as well as DACA renewal requests and applications for advance parole.  Further, pursuant to the Order any employment authorization documents (EADs) issued for one year will be extended to two years.  DHS has indicated it will take steps to provide evidence of these extensions.

For more information regarding DACA eligibility requirements see our recent post.