New DACA applications to be rejected; Rose Law Group Immigration Chair Darius Amiri calls it ‘incredibly discouraging.’

By Darius Amiri | Rose Law Group Immigration Dept. Chair

On July 28, over a month after the Supreme Court’s ruling in favor of DACA, Acting DHS Secretary Chad Wolf issued a memo stating that USCIS would not consider first time applications for DACA, and that those enrolled in the DACA program filing for renewals would only be able to apply for one year work permits and protection from deportation, instead of the two years they were afforded since the onset of DACA in 2012. The memo also raised the threshold for DACA recipients to qualify for advance parole, a benefit that allows them to leave the US and return, limiting this relief to only urgent humanitarian concerns or significant public benefit.

This is incredibly discouraging news, given that there are an estimated 65,000 immigrant teens who have become eligible for the DACA program since 2017. Furthermore, it was abundantly clear from the language of the Supreme Court decision that the DACA program must revert to its initial form and treatment following the Trump administrations illegal attempt to end it. On top of all that, there is a very strong argument that Acting Secretary Wolf lacks the authority to issue this restrictive memo because he was unlawfully occupying office in violation of the Homeland Security Act of 2002 and Federal Vacancies Reform Act.

The good news is Acting Secretary Wolfs memo has been challenged in Federal Court in New York, and we are hoping that the Court rules in favor of immigrants, DACA recipients, their families, and the rule of law. We will stay on top of this and provide updates as they become available. Thanks for stopping by and if any questions you can reach out to us on DACALAWYERS.COM or ROSELAWGROUP.COM.