Levine & Eskandari, LLC attorneys are excited to announce a significant development in the DACA program. On 12/4/2020 Judge Nicholas G. Garaufis of the U.S. District Court – Eastern District of New York ordered the Department of Homeland Security (DHS) to initiate the processing of “first time” DACA applications, grant the full two-year renewal period and issue Advance Parole per the original terms of the program: http://cdn.cnn.com/cnn/2020/images/12/04/batalla_vidal_et_al_v_nielsen_et_al__nyedce-16-04756__0354.0.pdf.
Judge Garaufis ordered DHS to “post a public notice, within 3 calendar days of this Order … that it is accepting first-time requests for consideration of deferred action under DACA.” The USCIS actions limiting key provisions of the DACA program were deemed unlawful by the court because the DHS Official issuing the DACA restrictions (Chad Wolf) was not properly appointed to the DHS Secretary position, and therefore his DACA restrictions “lacked the force of law.” The result of the Judge’s order is that the DACA program must now be administered by its terms as they existed prior to the Trump administration’s 2017 attempt to revoke the program.
IF YOU HAVE NEVER APPLIED FOR DACA, YOU MAY DO SO NOW IF YOU SATISFY THE BELOW
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety
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