In a widely expected, though still shocking, move the Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS) confirmed in a memorandum that it will automatically reject new applications for the Deferred Action for Childhood Arrivals (DACA) program and cut the deferment period from two years to one year. Taking these actions would appear to be in violation of the Supreme Court ruling on DACA and a federal court ruling demanding USCIS restore DACA policy. It is unclear if Dreamers who would have recently become eligible to apply for DACA for the first time have any options to do so right now.
DACA rules have been in flux since the Trump administration first attempted to rescind the policy in 2017. First, there was the initial fallout of the policy, followed by a lengthy court battle. USCIS failing to reopen the application process and shortening the deferral period is likely to trigger another court battle, the result of which would be very uncertain. Even after several courts have ordered DHS and USCIS to administer the DACA program as it was before the 2017 attempt to end the program it is refusing to do so. The DACA program faces an uncertain future; the survival or death of the program likely rests on the outcome of the 2020 U.S. presidential election.
See the DACA update from USCIS here.
The Law Offices of Scott Warmuth has been helping immigrants to the United States since 1984. We continuously monitor for any possible changes to immigration law that could affect the outcomes of our clients’ immigration cases. Should the DACA program be reopened for new applications, we can help eligible Dreamers pursue their application successfully. For a free immigration consultation, call us today at 888-517-9888.