A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Wednesday, July 29, 2020

DHS Limits Dreamers to File Extensions Only

Breaking News - The Trump Administration will not accept new applications for DACA and will limit the renewals to one year only.

On July 28, 2020, the Acting Secretary of Department of Homeland Security, Mr. Chad F. Wolf, issued a memorandum, which takes effect immediately, to temporarily restrict DACA applications filed by dreamers. Mr. Wolf states that these measures are in place while DHS is re-evaluating the DACA program. The memo is issued a month after the split U.S. Supreme Court decided to stand with the dreamers.

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Effective immediately, DHS will:
  • Reject all initial DACA and Associated Employment Authorization (EAD) Applications. 
  • Reject all pending and future Advance Parole Applications from DACA applicants without extraordinary circumstances. 
  • Process properly submitted DACA Renewals and EADs as normal. Extensions will be limited to one year instead of the normal two years for both DACA status and the associated EAD. 

The Supreme Court's decision only pointed out the procedural failure of the Trump Administration's attempt to revoke DACA, but did not address the merits of the DACA program. It is believed that the July 28, 2020 memorandum lays another groundwork for the Trump Administration to cancel this program. 

Immigrant rights groups and organizations will likely raise legal challenges against the memo soon. But until any further legal actions materialize, many dreamers' dreams may already have been crushed by these temporary restrictions.

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