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Court Orders Full Restoration of DACA, including initial applications

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Deferred Action for Childhood Arrivals:

Response to the Order of December 4, 2020 in the case in The Battle Vidal v. Wolf Case, No. 16-CV-4756 (NGG)(VMS)(E.D.N.Y.) and New York State, et al. v. Trump, et al. 17-CV-5228 (NGG)(VMS)(E.D.N.Y.)

On November 14, 2020, Judge Nicholas George Garaufis of the United States District Court for the Eastern District of New York issued a decision related to memorandum1 of July 28, 2020, signed by Acting Secretary Chad F. Wolf.2 and titled “it was not an exercise of the legal authority of Acting Secretary Wolf. On December 4, 2020, Judge Garaufis required the Department of Homeland Security (DHS) to take certain actions to implement his opinion issued on November 14. As a result, effective December 7, 2020, the U.S. Citizenship and Immigration Service (USCIS):

Accept initial requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of DACA’s policy in force before September 5, 2017, and in accordance with the Court’s order issued on December 4, 2020;

You will accept DACA renewal requests based on the terms of DACA’s policy in effect before September 5, 2017, and in accordance with the Court’s order issued on December 4, 2020;

You will accept requests for advance permit documents based on the terms of the DACA policy in effect before December 5, 2017, and in accordance with the Court’s order issued on December 4, 2020; and will provide one-year employment authorization documents under DACA for two years.

USCIS will take appropriate steps to provide evidence of one-year extensions of deferred action and Employment Authorization Documents under DACA for those who were issued documentation on or after July 28, 2020 with one year of validity under the Wolf Memorandum. DHS will comply with Judge Garaufis’ order as long as it remains in effect, but the agency may seek a relief from the order.

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