12/09/2020
IMPORTANT NEWS REGARDING DACA (Deferred Action for Childhood Arrivals). USCIS is currently accepting new/initial applications for DACA. At least temporarily. It is unclear whether or not USCIS will appeal the Court's order, which could cause DACA to once again be put in limbo. But, for the time being, we are hopeful that this will remain in place, and that new applications for DACA will continue to be considered by USCIS- something I was interviewed on a few months back and believe very strongly needs to lead to a more permanent solution.
I think most are in agreement that something must be done for "DREAMers" and unfortunately they have been a poltical leveraging point for both sides, stuck in the middle of two very different viewpoints on immigration reform. If Congress just considered this issue seperately, I dont think anyone would deny them from legalization. Some are your nurses, your kids' school teachers, your dental hygenist, your attorney's paralegal, small business owners, etc. Skilled workers, educated people. Your neighbors. Most speak english better than any other language. They are more than "Americanized"- these people brought here as children identify more as Amercians than they do with their country of nationality- as many were brought here so young that this country is all they can remember.
DACA being reinstated is important, but as it has only come through litigation that can still be appealed and is a temporary status which must be renewed every two years, I think these people deserve a more permanent solution. Here is the USCIS update on the state of DACA, for the moment at least:
Deferred Action for Childhood Arrivals: Response to December 4, 2020, Order in Batalla Vidal, et al. v. Wolf, et al., 16-CV-4756 (NGG) (VMS) (E.D.N.Y.) and State of New York, et al. v. Trump, et al., 17-CV-5228 (NGG) (VMS) (E.D.N.Y.).
On November 14, 2020, Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York issued an opinion regarding the July 28, 2020 memorandum[1] signed by Acting Secretary Chad F. Wolf.[2] On December 4, 2020, Judge Garaufis required the Department of Homeland Security (DHS) to take certain actions to implement his November 14 opinion. As a result, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:
Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
Extending one-year grants of deferred action under DACA to two years; and
Extending one-year employment authorization documents under DACA to two years.
USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the Wolf Memorandum.
DHS will comply with Judge Garaufis’ order while it remains in effect, but DHS may seek relief from the order.
[1] Reconsideration of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” (Wolf Memorandum).
[2] Batalla Vidal, et al. v. Wolf, et al., 16-CV-4756 (NGG) (VMS), 2020 WL 6695076 (E.D.N.Y. Nov. 14, 2020); State of New York, et al. v. Trump, et al., 17-CV-5228 (NGG) (VMS), 2020 WL 6695076 (E.D.N.Y. Nov. 14, 2020).
