Victory! DACA is restored! On December 4, 2020 a court ordered the Trump administration to reinstate DACA. Over 1 million DACA-eligible individuals can continue to contribute to the economy & their communities and remain with their families and loved ones in the place they call home.
On December 4, 2020, the U.S. District Court for the Eastern District of New York issued a decision reinstating the DACA Program. This decision was issued in response to the Court’s decision on November 14, 2020. On November 14, 2020, the Court found that the Acting Secretary of the Department of Homeland Security (DHS)’s July 28, 2020 Memo “reconsidering” the DACA program was invalid. This fact sheet provides information on what you should know about the Court’s decision.
Initial DACA Applications
The Court’s decision instructs the government to revert the DACA program back to its original form, before the September 5, 2017 rescission memo. The decision directs the U.S. Citizenship and Immigration Services (USCIS) to accept all initial DACA applications, based on the terms of the DACA program prior to September 5, 2017.
DACA Renewals Extended to Two Years
The Court’s decision extends the time period for past and future deferred action, employment authorization documents, and DACA renewals from one year to two years, as was the policy before the July 28, 2020 Memo.
Advance Parole gives people in various statuses permission to travel abroad and return. Traveling under Advance Parole may also eliminate certain barriers to obtaining a green card. The July 28, 2020 Memo had severely restricted, and even barred, eligibility for Advance Parole to many DACA recipients. The Court’s decision, however, instructs USCIS to accept all requests for Advance Parole, based on the terms of the DACA program prior to September 5, 2017.
The Court’s Order Was Effective Immediately
The Court’s decision and its reinstatement of the DACA program went into effect on December 4, 2020 - the same day the Court’s decision was issued.
DACA Recipients, for Now, Are Not At Risk of Deportation
This decision, along with the Supreme Court’s June 18, 2020 decision, stopped the Trump Administration from ending DACA, protected DACA recipients from deportation, and allowed them to continue to live and work in the United States. This means that for now, DACA recipients are not at risk of deportation and separation from their families. Still, there is another pending DACA case in Texas, which will decide the legality of DACA. A decision from the judge in that case is expected at any moment, meaning DACA could be at risk again.
Seek Legal Advice
If you are a DACA recipient, former DACA recipient, or an individual who was too young to apply for DACA or was unable to apply for DACA before Trump ended the program in 2017 and have questions about how the Court’s decision impacts you, it is important to seek legal advice. Visit iAmerica.org/legalhelp.
What You Can Do Now
Call Congress and urge them to act quickly to provide a path to citizenship for Dreamers, Temporary Protected Status (TPS) holders, and the 11 million undocumented: 1-888-204-8353.
Lawsuits concerning the DACA program continue to make their way through the courts. Stay tuned for updates on how these lawsuits might impact the Court’s decision.
Here are a few simple things you can do to help:
- Call your senators and urge them to bring the House-passed Dream and Promise Act up for a floor vote and protect Dreamers: 1-888-204-8353
- Support Dreamers. Many Dreamers cannot afford to pay $495 to renew their work permits and protection from deportation. Help them pay for their DACA renewal fee by visiting DACArenewalfund.com.
- Show the nation you stand with Dreamers. Say it loud and proud: “I STAND WITH DREAMERS.” Share on: Facebook | Instagram | Twitter
Together We Can is providing DREAMers in need with a FREE, easy-to-use, online platform that steps you through a simple to understand process of preparing DACA renewal paperwork from any device. Start your application now.
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