District Court Rejects DHS Restrictions on DACA Program

A federal district court recently invalidated the Department of Homeland Security’s (DHS) memorandum denying benefits for initial DACA recipients and limiting benefits for DACA renewal applications. Under the court order, DHS must accept initial DACA applications, as well as renewals, grant advance parole travel applications and issue two-year renewals. The court also certified a class of foreign nationals who can benefit from the DACA program but were ineligible due to the Trump Administration’s policies. The district court found that Chad Wolf, who had not been confirmed by the Senate, was acting without authorization when he issued the memorandum. DHS is expected to appeal the court’s decision.

The DACA program prevents recipients from deportation, allows them to obtain Social Security cards and work-authorization documents that can be renewed every two years. The court’s decision means that for the first time since 2017 new applicants who were too young to be eligible may now apply to participate in the program.

Click for a copy of the court decision

Categories: Blog

Contact Us for a Consultation

Fill out our online form

Recent News

A federal judge has issued a permanent injunction against the DACA program and ordered that new and pending initial DACA applications may no longer be processed by the Department of Homeland Security. The judge determined that, in establishing the pr… Read More
U.S. Citizenship and Immigration Services (USCIS) has announced that the H-1B lottery will be moving forward under the same procedures established during last year’s H-1B lottery. The FY 2022 cap registration period will open at noon EST on March 9… Read More
USCIS has extended Temporary Protected Status (TPS) for beneficiaries from of El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal until at least October 2021. The extension is valid as long as an alien’s TPS is not withdrawn because of ind… Read More