On Tuesday, July 28, 2020, the Trump administration again attacked the Deferred Action for Childhood Arrivals (DACA) program. Through a memo issued by Acting Department of Homeland Security Chad Wolf, USCIS was ordered to reject new DACA applications. The Trump administration also lowered the work permit authorizations from two years to only one year and stated that advanced parole for DACA recipients would only be granted in exceptional circumstances.
Previously, a Federal District Court Judge in Maryland ordered the Trump administration to begin accepting initial DACA applications. The “Wolf Memo” from Tuesday was in direct opposition to the Federal Judge’s order. It remains highly likely that the Federal Judge in the Maryland case will directly address this memo in the coming months.
“This is clearly an effort by the Trump administration to defy the law as stated by our nation’s highest court and to blatantly ignore an order from a Federal Judge,” said Phoenix Immigration Attorney Ray Ybarra Maldonado. “What is needed is to once and for all pass the DREAM ACT so individuals who know this country is there home can finally get the legal recognition they deserve.”
Some immigration attorneys are recommending to still send off new initial applications in order to get rejection notices. These attorneys then plan on filing a lawsuit against USCIS for rejecting the initial applications. Regardless of these individual lawsuits, the Federal Judges who still have the DACA cases are likely to address this issue as well. It will be very important to stay updated on the legal proceedings in the next few months.
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