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AILA Doc. No. 17072035 | Dated December 10, 2020
On June 18, 2020, the U.S. Supreme Court ruled that DHS’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious under the Administrative Procedure Act. The ruling allowed Dreamers across the country to continue to have temporary protection from deportation, but also left open the possibility that DHS could attempt to issue a new memorandum rescinding DACA. On July 28, 2020, Acting DHS Secretary Chad Wolf issued a memo that, pending his full reconsideration of the DACA policy, instructed USCIS to reject all pending and future initial requests for DACA, reject all pending and future applications for advance parole absent exceptional circumstances, and limit the period of DACA renewals to one year.
However, on December 4, 2020, a U.S. District Court for the Eastern District of New York ordered DHS to fully reinstate the DACA program, finding that Wolf’s July 2020 memo reconsidering the DACA program must be put aside. Thus, effective immediately, the DACA program is reinstated in full. For more information, see AILA's Practice Alert: District Court Orders Full Reinstatement of DACA.
Following the Trump administration's rescission of DACA and the termination of Temporary Protected Status (TPS) for many designated countries, there has been increasing pressure from both Democrats and Republicans to pass a permanent legislation to protect Dreamers and TPS recipients. Americans have long shown overwhelming support for protecting Dreamers - polls have shown that 86 percent of Americans want Dreamers to be able to stay in the country. TPS recipients are integral members of our economy - without them, industries such as construction, restaurants and other food services, and landscaping would experience disruptions that would have serious ripple effects on the economies of several states.
Dreamers and TPS recipients make America a better and stronger nation, and it's time for Congress to pass bipartisan legislation to protect them from deportation and secure them a future as Americans.
Congressional members from both political parties have introduced legislation that would protect Dreamers. Read AILA's statement on the House’s passage of H.R 6, the American Dream and Promise Act applauding Congress and calling on the Senate to immediately bring H.R. 6 for a vote. For more information on past legislative efforts to protect Dreamers, check out our AILA Policy Brief: How Dreamer Protection Bills Measure Up to learn more about past legislative efforts to protect Dreamers.
Cite as AILA Doc. No. 17072035.
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