Federal Judge Restores DACA – Orders Department of Homeland Security to Accept New Applications and Issue Employment Authorizations for Two Years.
Federal Judge of the US District Court in Brooklyn, NY ordered the Trump administration to fully restore DACA (Deferred Action for Childhood Arrivals). The Court order requires the USCIS to open the program to new applicants. USCIS has not accepted new applications under DACA since 2017.
Court orders the U.S. Department of Homeland Security (DHS) to post a public notice that it will accept DACA applications from immigrants who qualify for the program but did not apply before.
The Court also ordered the DHS to grant approved the employment authorizations for a period of two years, instead of the one-year period that the Trump administration had proposed.
This court order comes after another ruling this court issued in November that found acting DHS secretary Chad Wolf did not have the legal authority to close DACA to new applicants or shorten the validity period of the work permits.
This court order means that DHS will be required to adjudicate DACA under the policies that were in place when DACA was created in 2012. This would also allow current enrollees to request “advance parole,” which allows them to travel abroad and return to the U.S.
The prerequisites for DACA eligibility include having no serious criminal convictions, arriving in the U.S before the age 16, living in the U.S. since at least 2007 and earning an American high school diploma, a GED or serving honorably in the military.
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