DACA is restored! The DACA (Deferred Action for Childhood Arrivals) program has been reinstated as required by a court order issued by a U.S District Court. Following this order, the Department of Homeland Security (DHS) announced that from December 7, 2020 onwards USCIS will now:
- Accept initial request for DACA by applicants
- Accept DACA renewal requests
- Accept renewal request for advanced parole
- Extend 1-year grants of DACA to 2-year grants
- Extend 1-year grant of Employment Authorization (EAD) under DACA to 2 years
These changes mean that if you have not previously filed for DACA but qualified you may now file the application with USCIS. If this is the case, we recommend doing so as soon as possible. Here are the DACA criteria.
Moreover, the devastating effect of short-term one year approvals has now been reversed to the previously held policy of granting DACA in 2-year increments and granting EAD requests in 2-year increments. This now allows individuals receiving DACA to have more stability in terms of being protected under DACA and to have a longer period of work authorization.
The guidance from DHS illustrates for the time being they will comply with the grant from the District Court however, DHS may seek relief from the order and appeal the decision in order obtain a reversal of the decision. Considering that the Trump administration will be leaving office on January 20th, 2021, even if they were to appeal the decision the Biden Administration would likely take corrective action within their first few days in power.
DACA Under Biden
President Elect Biden is committed to continuing to allow the DACA program to continue and to allow new applicants to participate. With the court mandated changes now in effect, are there likely to be any changes to the DACA program under the Biden administration?
The appointment of Alejandro Mayorkas to be Secretary of the Department of Homeland Security is notable as he worked on the creation of the DACA program when he served in the Obama Administration. Thus, we are likely to see the DACA program evolve into providing its recipients with additional benefits by participating in the program aside from deferred action and employment authorization. There are a couple possible areas where he could potentially expand the benefits for DACA recipients.
Enhanced Educational Opportunities
President Elect-Biden has stated that he would like to allow DACA recipients be eligible for federal loans and Pell grants further enabling Dreamers to pursue further educational opportunities in the United States.
Advanced Parole or Travel Authorization
In addition, we could see a return to further lenient criteria for DACA recipients to receive advanced parole from USCIS, thus allowing them to travel outside of the U.S and re-enter. Currently, USCIS only grants advanced parole for DACA recipients based on urgent humanitarian reasons or for a significant public benefit. A Biden Administration could revert the policy back to allowing students to travel abroad for education, humanitarian, and work purposes.
There is also hope for a more permanent resolution that could lead to a pathway to citizenship for DACA recipients, but that will require congressional action.
