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  • Writer's pictureAlex T. Barak, P.A.

Judge Orders U.S. Immigration to Fully Reinstate DACA Program

On December 4, 2020, a Federal Court Judge ordered U.S. Immigration to fully reinstate the Deferred Action Child Arrivals "DACA" program.

On November 14, 2020, a Federal Court Judge ruled that the July 2020 Department of Homeland Security "DHS" memo from the Trump administration regarding DACA was invalid.

On July 28, 2020, DHS issued a memo stating that the agency will

  • Reject all pending and future initial requests for DACA;

  • Reject all pending and future applications for advance parole absent exceptional circumstances; and

  • Shorten the period of renewed deferred action granted pursuant to the DACA policy after the issuance of the memo to one year.

The Deferred Action for Childhood Arrivals (DACA) program was initiated during the President Obama administration on June 15, 2012. The program protects certain undocumented/illegal persons, who were brought to the United States as children, from deportation. Additionally, those who qualify for DACA can obtain work permits called Employment Authorization Documents,

In order to qualify, applicants must meet the following requirements:

  • Be under 31 years of age on this date: June 15, 2012;

  • First came to the USA before 16th birthday;

  • Have lived in the USA since June 15, 2007;

  • Be physically present in the USA on June 15, 2012, and on the date of the application;

  • Not be in a lawful immigration status on June 15, 2012;

  • Be currently studying, or have graduated from high school, earned a GED or have an honorable discharge from the U.S. Armed Forces or the Coast Guard; and

  • Have no conviction of a felony or DUI, or convicted of a “significant misdemeanor” or 3 or more misdemeanors, any kind.

This is great news for those who have qualified or do qualify for this life-altering program. It is a step towards the Dream Act, a previously proposed law to grant a conditional residency to those who basically met the above DACA standards.

Stay tuned to further news on this subject from the Biden administration with its nominated new DHS Secretary, Alejandro Mayorkas, a Cuban born and USA-raised Jew, with a known heart for immigrants' rights.

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