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

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