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Homeland Security Issues a New Memo on DACA

Posted July 28, 2020Maria Cabrales - Law ClerkArticles


Effective immediately, the Trump administration will not accept new applications for DACA. This suspension on initial DACA applications should not impact current employees, as they would be filing for renewals rather than an initial DACA application. 

The administration has also decided to limit the renewals for existing DACA holders to one year, instead of previously authorized two year periods. With the shortened validity periods, it is important to file extensions as early as possible to avoid loss of work authorization.  In addition, USCIS will begin rejecting all pending and future advance parole applications.  

The Trump administration stated that they will conduct a legal review of the program, as it still views the program as illegal and will continue to seek ways to limit the scope of DACA.

This decision comes after the Supreme Court in June ruled that the Trump administration could not terminate DACA unless they gave an adequate justification for doing so. The Court did write that it was not unconstitutional for Trump to terminate DACA, but the administration had failed to properly follow the Administrative Procedures Act process.

The Trump administration expects court challenges. 

If you have any questions about how this memo will affect your DACA status, please contact our firm at: