USCIS issues Guidance Reconsidering the DACA Program

On August 21, 2020, the United States Department of Homeland Security issued a memorandum which provides guidance regarding its recent decision to “reconsider” the future of the DACA Program.  Along with a USCIS memorandum that was issued in July 2020, the following policies have been put into place:

Validity of DACA Grants.  All DACA requests and any associated applications for employment authorization that are granted after July 28, 2020 will only be valid for a period of one (1) year.  All filing fees will remain the same.  In addition, all previously issued two-year grants of DACA will continue to remain valid as well.  All applicants for replacement EAD’s (work permits) due to loss, theft, or mutilation will receive a replacement work permit that has the same expiration date that is based on the original two-year validity period.

USCIS will NOT accept any New, Initial DACA Applications.  All new initial DACA applications which are submitted by people who have never received a grant of DACA will be rejected by USCIS and all fees will be returned.

USCIS will accept Initial Applications filed by people whose DACA expired over One Year Ago.  All initial applications filed by people whose DACA expired more than one year ago will be accepted and processed by USCIS.

USCIS will accept all Renewal Applications.  All renewal applications will continue to be adjudicated by USCIS, including DACA applications filed by people whose DACA status expired less than one year before they filed for renewal. 

Do not file DACA Renewal Applications too Early.  USCIS will reject DACA renewal applications that are filed more than 150 days before the expiration of the applicant’s current DACA validity period.  This is a clear change from the previous policy in which USCIS encouraged applicants to file their DACA renewals between 120 and 150 before expiration and then held the applications. Under this new policy, these premature applications will be rejected.    

Limited Advance Parole for DACA applicants.  USCIS will only grant advance parole for DACA applicants where exceptional circumstances are shown.  All other requests will be rejected.  USCIS has provided the following examples of travel that might qualify as exceptional circumstances:

• Travel that is required to support the national security interests of the U.S., including U.S. military interests.
• Travel that is in furtherance of U.S. federal law enforcement interests.
• Travel that is required in order to obtain medical treatment that will be life-sustaining and which is not otherwise available to the alien applicant within the U.S.
• Travel that is required to support the immediate safety, well-being, or care of an immediate relative, such as the applicant’s minor child.

Rejection of all Pending I-131 Advance Parole Applications.  USCIS will reject all pending I-131 Advance Parole applications and fees which have been retained since July 24, 2020 and will allow these applicants to refile their I-131 applications under this new guidance.  Notably, any previously approved advance parole documents which USCIS issued to DACA recipients will continue to remain valid for the specified validity period on the advance parole document.

If you have any questions about this post or you would like to discuss your Immigration case, call U.S. Immigration Lawyer Sean D. Hummel to schedule a consultation (954) 385-3111.