DHS Will Reject Initial Requests for DACA, Limit Renewals to One Year

DHS Acting Secretary Chad Wolf issued a memo, “Reconsideration of the June 15, 2012 Memorandum Entitled ‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,’” noting that in response to the Supreme Court’s decision, he is rescinding the 2017 and 2018 memoranda that rescinded DACA. Pending the Acting Secretary’s full reconsideration of the DACA policy, per the memo, DHS will:

• reject all pending and future initial requests for DACA;
• reject all pending and future applications for advance parole absent exceptional circumstances;
• and shorten the period of renewed deferred action granted pursuant to the DACA policy after the issuance of the memorandum to one year.

Related Resources

• AILA Quicktake #291: USCIS Issues Guidance on DACA to Implement DHS Memo
• Practice Alert: USCIS Issues Guidance Implementing DHS Memo "Reconsidering” the DACA Program
• USCIS Issues Guidance on Implementing DHS Acting Secretary’s July 28, 2020, Memorandum on DACA - August 21, 2020
• DHS Press Release: Department of Homeland Security Will Reject Initial Requests for DACA As It Weighs Future of the Program – July 28, 2020
• Attorney General William Barr’s Letter to Acting Secretary Chad Wolf on DACA – June 30, 2020
• Featured Issue: Protecting Dreamers and TPS Recipients
• Supreme Court Upholds DACA, Says DHS’s Decision to Rescind Was Arbitrary and Capricious (DHS v. Regents of the University of California)