On December 4, 2020, a the United States District Court for the Eastern District of New York issued an order requiring USCIS to accept first-time requests for DACA. This ruling requires USCIS to do the following:
As this program is politically charged, it is important for you to apply for benefits under DACA if you qualify. USCIS guidance on this issue can be obtained here.
DACA stands for Deferred Action for Childhood Arrivals. It was first established by executive action on June 15, 2012. The program provided applicants with a temporary work authorization and a guarantee that the government will not deport them so long as they maintain the status. In order to qualify for DACA, an individual must have shown the following:
On September 5, 2017, the Trump Administration terminated the DACA program. However, on January 9, 2018, the US District Court for the Northern District of California issued an order requiring DACA to be reinstated for those persons already granted DACA, but did not require the government to accept new applications from those who were never granted DACA. Several other courts followed by providing injunctive relief against the Government.
Since January 2018, new DACA applications have not been accepted by USCIS. We are filing renewal applications and USCIS is routinely approving those petitions that meet the renewal criteria.