On December 7, 2020, a U.S. district court judge in the Eastern District of New York ordered U.S. Citizenship and Immigration Services (USCIS) to begin accepting initial DACA applications, DACA renewal requests, and applications for advance parole from DACA recipients. Even if you’ve never applied for DACA before or you haven’t renewed it in years, USCIS is now accepting applications.

On 1.21.21, Acting Department of Homeland Security Secretary David Pekoske issued a memo directing the agency to focus its enforcement priorities on individuals who (1) pose a threat to national security; or (2) were not present in the U.S. on 11.01.20; or (3) have been convicted of an aggravated felony AND pose a threat to public safety. However, the memo does not prevent ICE from stopping and/or detaining someone who is in the U.S. without authorization. These priorities go into effect on 02.01.21

The memo expressly reverses many of the pre-Biden policy changes issued during the last four years, during which time anyone who was in the U.S. without status was deemed a priority for removal.

In addition to reframing enforcement priorities, the Pekoske memo also suspends deportations for the next 100 days so that the agency can devote its time and resources to undertaking a comprehensive review of its enforcement priorities, policies, and practices. This portion of the memo is effective 1.22.21. Note well, however, the pause on removals applies to any noncitizen present in the United States when this directive takes effect with a final order of removal except one who:

(1) According to a written finding by the Director of ICE, has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to the national security of the United States; or

(2) Was not physically present in the United States before November 1, 2020; or

(3) Has voluntarily agreed to waive any rights to remain in the United States provided that he or she has been made fully aware of the consequences of waiver.

WHAT THIS MEANS:

1) If you have a final order of removal but have not engaged in espionage, terrorism, or are otherwise not a threat to national security, your deportation is stayed for at least 100 days. However,

2) If you have a final order of removal but you were not physically present in the U.S. on 11.01.20, your deportation is not stayed. And,

3) If you sign the government’s document waiving your rights to remain in the U.S. and claiming that you have been made aware of the consequences of signing, DHS can still deport you.

The full memo is found here: https://www.dhs.gov/sites/default/files/publications/21_0120_enforcement-memo_signed.pdf

For many of our clients and their families, restoration of DACA (and DAPA) have been top of mind following the election.

President-elect has pledged to immediately halt travel restrictions on more than a dozen nations.