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Federal Judge Rules that Suspension of DACA by the USCIS is Invalid

Re-instituting DACA so People can File for the First Time


The USCIS had halted new applications for DACA in July. However, the New York Federal Court voided that USCIS, because the acting secretary of Homeland Security was illegitimately appointed the Court said.

A New York federal judge ruled Saturday that Acting Department of Homeland Security Secretary Chad Wolf has not been leading the agency legally and therefore his suspension of new applications for the Deferred Action of Childhood Arrivals (DACA) program was invalid.

In June, the U.S. Supreme Court had ruled that the Trump administration wrongly tried to end DACA. Even after that ruling, Wolf on July 28 issued a memo suspending acceptance of new DACA applications and restricting renewals to one year instead of two.

This ruling by the New York federal judge applies to more than a million people, including more recent applicants and those seeking two-year renewals for protection under DACA.

The USCIS is yet to respond to the Court’s ruling.

If you have any questions about this or other immigration needs, contact us. We are available for free consultation, please call us at 801-269-9541 or call or text us 801-577-1988 (cell) or 801-637-5556 (cell) or contact us online.


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