On July 28, 2020, solely six weeks after the Supreme Courtroom of america blocked the U.S. Division of Homeland Safety’s (DHS) try to finish the Deferred Motion for Childhood Arrivals (DACA) program, DHS issued a memorandum asserting plans to restrict the scope of the DACA program, pending a complete program evaluation by the Trump administration.
The DHS memorandum units forth the next speedy modifications to the DACA program in the course of the evaluation interval:
Preliminary DACA functions and requests for employment authorization is not going to be accepted. DHS is not going to settle for new preliminary requests for DACA or related functions for employment authorization paperwork (EADs). DHS will proceed to adjudicate pending DACA functions and corresponding EAD functions. Neither beforehand issued grants of deferred motion nor beforehand issued EADs will probably be revoked throughout their validity intervals.
Journey authorization is not going to be granted absent distinctive circumstances. DHS will grant DACA recipients’ functions for advance parole (AP) journey authorization solely in distinctive circumstances. DHS will reject each new and pending AP functions. Beforehand granted AP paperwork is not going to be revoked.
Renewal intervals will probably be shortened. DHS will restrict renewals of deferred motion and employment authorization for present DACA recipients to one-year intervals as a substitute of two-year intervals.
The memorandum maintains DHS’s discretionary authority to disclaim or terminate deferred motion at any time deemed applicable by immigration officers.
DHS has not indicated how lengthy it should take to evaluation of the DACA program.
Historical past of the DACA Program
A historical past of the DACA program, which was carried out in 2012, and the encompassing litigation will be present in our current article, “DACA Survives: SCOTUS Blocks Trump Administration Bid to Finish Deferred Motion for Childhood Arrivals Program.” In June 2020, the Supreme Courtroom discovered that whereas the administration possessed the authorized authority to rescind DACA, its rationale for doing so had been “arbitrary and capricious” and, in the end, a violation of the regulation. In July 2020, a federal decide dominated that the administration should resume accepting DACA functions following the Supreme Courtroom’s resolution.
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