On November 14, 2020, Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York issued an opinion regarding the July 28, 2020 memorandum¹ signed by Acting Secretary Chad F. Wolf.² On December 4, 2020, Judge Garaufis required the Department of Homeland Security (DHS) to take certain actions to implement his November 14 opinion. As a result, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

  • Accepting 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;
  • Accepting 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;
  • Accepting 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;
  • Extending one-year grants of deferred action under DACA to two years; and
  • Extending one-year employment authorization documents under DACA to two years.

According to U.S.C.I.S. An individual may be considered for DACA if he or she:

  1. Was under 31 years of age as of June 15, 2012;
  2. Came to the United States before reaching his or her 16th birthday;
  3. Has continuously resided in the United States since June 15, 2007, up to the present time;
    Form I-821D Instructions 04/24/19 Page 2 of 14
  4. Was present in the United States on June 15, 2012 and at the time of making his or her request for consideration of
    deferred action with USCIS;
  5. Had no lawful status on June 15, 2012;
    NOTE: No lawful status on June 15, 2012 means that:
    A. You never had a lawful immigration status on or before June 15, 2012; or
    B. Any lawful immigration status or parole that you obtained prior to June 15, 2012 had expired as of June 15, 2012.
  6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general
    educational development (GED) certificate, or is an honorably discharged veteran of the U.S. Armed Forces or U.S.
    Coast Guard; and
  7. Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not
    otherwise pose a threat to national security or public safety.
    An individual may be considered for Renewal of DACA if he or she met the guidelines for consideration of Initial DACA
    (see above) AND he or she:
  8. Did not depart the United States on or after August 15, 2012 without advance parole;
  9. Has continuously resided in the United States since he or she submitted his or her most recent request for DACA that
    was approved up to the present time; and
  10. Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not
    otherwise pose a threat to national security or public safety.