District court orders USCIS to restore the DACA program

A federal district court ordered USCIS to comply with its orders regarding DACA. Effective December 7, 2020, USCIS must do the following:

  • Accept first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accept DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accept applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Extend one-year grants of deferred action under DACA to two years; and
  • Extend one-year employment authorization documents under DACA to two years.

USCIS has stated that it will provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period.

Categories: Immigration News