2017 was the beginning of a 3-year attempt by the Trump administration to eliminate Deferred Action for Childhood Arrivals (DACA), an Obama-era program that has shielded hundreds of thousands of undocumented youths from deportation. In addition to removal defense, DACA provides work authorization, Social Security numbers, and access to Medicare. Status is temporary, but recipients can renew it for two years at a time.
When Trump attempted to end the program, advocacy groups filed several lawsuits in protest. As a result, federal courts throughout the United States issued injunctions that tenuously held the program in place. Finally, in June of 2020, the Supreme Court officially declared that the administration’s attempt to end DACA was unlawful. According to the ruling, Trump failed to follow proper administrative procedures by not including adequate reasoning for the move.
One month later, however, Acting Secretary Chad Wolf posted an announcement explaining that the DHS would no longer accept initial requests for DACA. This included all associated work authorization applications and advanced parole. Furthermore, existing DACA recipients could only renew their status for one year at a time, rather than two.
Fortunately, these restrictions did not last long. Federal Judge Nicholas Garaufis of the Eastern District of New York determined that Chad Wolf was unlawfully appointed and, therefore, did not have the authority to restrict DACA in this way. Then, on December 4th, the judge ordered DHS to fully reinstate the program.
In a recent update, DHS explained in detail how it will be complying with the order, although it may seek relief in the future.
Although the Supreme Court did not say it would be impossible for an administration to end DACA, for now initial DACA applications are being accepted. Unfortunately, we don’t know how long it will last, so the sooner applications are filed, the better.
Let Our Lawyer Be Your Trusted Advocate
At The Law Office of Rosina C. Stambaugh, our attorney has extensive experience with a wide variety of immigration matters. Furthermore, she takes great pride in providing highly personalized services to meet the needs of every single client. You can trust her to deliver honest and straightforward guidance, along with aggressive representation if we need to take your case to court. Whether you are applying for DACA, renewing your status, or working toward a different immigration-related goal, we want to stand by your side from beginning to end.