Federal Judge Orders DACA Reinstated, New Applications Accepted

DACA reinstated and accepting applications

On November 14, 2020, United States District Judge Nicholas G. Garaufis of the Eastern District of New York reinstated the Deferred Action for Childhood Arrivals (DACA) program, which is now accepting new applications. DACA protects eligible immigrant youth who entered the United States as minors and have accrued unlawful presence. DACA provides a two-year period of deferred action from deportation and a work permit.

The July 2020 Memorandum That Is Now Invalid

In July 2020, Chad Wolf, Acting Secretary of Homeland Security, suspended portions of the DACA program through a memorandum (the “Wolf Memorandum”). The memorandum instructed the Department of Homeland Security (DHS) personnel as follows:

  • Reject all pending and future initial requests for DACA
  • Reject all pending and future applications for advance parole – which is necessary for the DACA recipients to travel from and re-enter the United States
  • Require DACA recipients to renew their status under the program annually rather than e