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UPDATE: DACA Program Fully Reinstated – FINALLY!

Amber L. Blasingame Dec. 4, 2020

DREAMers rejoice! On December 4, 2020, a federal judge in Batalla Vidal v. Wolf ordered the US Department of Homeland Security (“DHS”) to reinstate the Deferred Action for Childhood Arrivals (“DACA”) program as the Obama Executive Order intended in June 2012. Effective immediately, the US District Court in New York ordered that US Citizenship and Immigration Services (“USCIS”) recommence acceptance of “first-time” and renewing DACA applications. USCIS must also accept applications for advance parole requests (travel documents) “based on the terms of the DACA program prior to September 5, 2017.” Finally, the court ordered that USCIS post “a public notice” as of Monday, December 7, 2020, outlining the order, as well as clarifying that “deferred action and [EADs] granted for only one year are extended to two years.”

If you have questions about the DACA Program, whether applying to renew, qualifying as an initial applicant, applying for advance parole, or any other immigration benefit, we would recommend consulting with a licensed, immigration attorney. General information on the DACA Program is available at Per USCIS, you may be qualified for DACA if you:

  • Were under the age of 31 as of June 15, 2012;

  • Came to the United States before reaching your 16th birthday

  • Have continuously resided in the United States since June 15, 2007, up to the present time;

  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

  • Had no lawful status on June 15, 2012;

  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Qualified applicants must also be at least 15 years or older to apply for DACA, unless currently in removal proceedings or have been issued a final order of removal or voluntary departure.

For the full order issued by the US District Court of the Eastern District of New York visit: