December 4, 2020 Update: DACA Court Order

On December 7, 2020, USCIS responded to the Opinion of Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York from November 14, 2020, and the Judge’s subsequent Order from December 4, 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;
  • Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017;
  • Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017;
  • 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.

Sources: Batalla Vidal, et al. v. Wolf, et al., 16-CV-4756 (NGG) (VMS) (E.D.N.Y.) & State of New York, et al. v. Trump, et al., 17-CV-5228 (NGG) (VMS) (E.D.N.Y.).

 

Related Blog Posts:

Using DACA Advanced Parole to help Adjust Status (I-130/I-485) versus Consular Process

When do DACA Holders need an I-601A Hardship Waiver in the Consular Process?

 

 

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