On December 4, 2020, a Federal Judge required the Department of Homeland Security (DHS) to begin accepting new applications for Deferred Action for Childhood Arrivals (DACA), as well as remedying the recent one-year grants of DACA. Effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:
• Accepting first-time applications for consideration of DACA;
• Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017;
• Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017; and
• Extending one-year grants of deferred action and employment authorization under DACA to two years.
For more information to see if you are eligible to apply for DACA, see Deferred Action, or contact our office for a consultation, 610-436-7555.
Implementation of the new DACA and DAPA programs has been temporarily suspended. Last week, on February 17, a federal court judge decided the President’s programs were illegal.
However, the President’s DACA and DAPA programs are not illegal. Nearly every President for the past 40 years, Republican and Democrat, has used executive action for immigration matters.
The Justice Department is filing an appeal with a federal appeals court in New Orleans this week. The Department of Homeland Security is still planning to implement both programs as soon as the court process allows.
The existing DACA process and renewals of DACA are not affected by the recent court action. Murphy Law Firm will post updates when changes occur.
The expanded Deferred Action for Childhood Arrivals (DACA) begins on February 18, 2015. On that day, U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications under the expanded guidelines announced by the President in November of 2014. The DACA program grants a period of deferred action for eligible individuals who entered the U.S. before the age of 16. With deferred action, the government agrees to issue an Employment Authorization card and not deport an individual.
Eligibility under the new DACA program includes the following changes:
- There is no age limitation, the applicant no longer has to have been born before Jun 15, 1981;
- Applicants must prove continuous presence in the U.S. since January 1, 2010 (the prior continuous presence date was June 15, 2007).
- Approved applicants will receive deferred action and work authorization for three years instead of two.
All other DACA guidelines remain the same. To find out if you qualify under the new program, please schedule a consultation.
See the full requirements for Deferred Action for Childhood Arrivals.
THE PRESIDENT IS SET TO ANNOUNCE HIS PLANS FOR EXECUTIVE ACTION ON IMMIGRATION TOMORROW AT 8:00 pm.
President Obama will announce his plans on national TV during a prime time event Thursday evening. Full details will be announced by the President at a rally in Las Vegas on Friday.
We will post full details as soon as we have them.