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July 28, 2020

by U.S. Department of Homeland Security

Acting Secretary of Homeland Security Chad F. Wolf announced that in response to the Supreme Court’s decision, the Department of Homeland Security will take action to thoughtfully consider the future of the DACA policy, including whether to fully rescind the program.

In the interim and to address serious concerns with the policy, the Department of Homeland Security will make the following changes to DACA immediately:

  • Reject all initial requests for DACA and associated applications for Employment Authorization Documents;

  • Reject new and pending requests for advanced parole absent exceptional circumstances; and,

  • Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.

“As the Department continues looking at the policy and considers future action, the fact remains that Congress should act on this matter,” said Acting Secretary Chad F. Wolf. “There are important policy reasons that may warrant the full rescission of the DACA policy.”

The new memorandum outlined four areas of concern:

  • Concern about whether, as a matter of policy, continuation of a broad, class-based deferred-action policy like DACA should be resolved by Congress;

  • Concern about whether any discretion to not enforce the law or afford deferred action should be exercised rarely and only on a truly individualized, case-by-case basis;

  • Concern that the existence of a program like DACA may send mixed messages about DHS’s intention to consistently enforce immigration laws as Congress has written them; and,

  • Concern that the existence of a program like DACA may encourage individuals to take a perilous journey to this country, needlessly endangering children.


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