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Dec 9, 2020

Federal Judge Orders DHS to Accept New DACA Applications

Stephen Antwine

A federal judge in New York has ordered the Trump Administration to begin accepting new DACA (Deferred Action for Childhood Arrivals) applications beginning immediately.  As a result of the ruling, the Department of Homeland Security has posted policy guidelines acknowledging that they intend to accept new applications for qualified applicants and extend one-year work authorization cards to two years for existing recipients. 

Judge Nicholas Garaufis of the U.S. District Court for the Eastern District of New York ruled that the Secretary of Homeland Security, Chad Wolf, lacked authority to enact changes to the program as outlined in his August 2020 memorandum.  The memorandum had called for the continued denial of new DACA applications, despite a finding by the Supreme Court that the DACA program had not been properly terminated by the Trump Administration.

The acceptance of new DACA applications is significant, as it effectively unwinds the Trump Administration’s hardline approach to a popular immigration benefit program.  In sharp contrast to the Trump Administration, President-Elect Biden has promised to make a path to U.S. citizenship available to beneficiaries of the DACA program.

Should you have any questions about this program or if you would like assistance applying for DACA, please contact Green & Spiegel at (215) 395-8959. Green & Spiegel is also offering free DACA screenings, in English and Spanish, for individuals who believe they may qualify for the program.

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Stephen Antwine

Stephen Antwine



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