New Court Ruling Allows DACA Applications For New Dreamers

A new ruling from U.S. District Judge Nicholas G. Garaufis allows DACA applications for new Dreamers

Eagle, ID, USA – December 10, 2020  — Approximately 1.3 million “Dreamers,” those eligible for certain benefits under the Deferred Action for Childhood Arrivals (“DACA”), can now submit their applications with renewed confidence that their applications will be approved. USCIS has announced it will accept DACA applications for those Dreamers that are applying for the first time. This comes on the heels of a recent federal court order out of New York directing USCIS to fully reinstate the DACA program. Earlier this year, DACA faced energetic opposition when the acting secretary of DHS issued a memorandum stating that USCIS would not accept any new DACA applications, and would reject any applications submitted at the time the memorandum was issued.1 This memorandum came in spite of the Supreme Court blocking the attempt to end DACA,2 and led to the recent order allowing new DACA applications to be accepted.

On December 4, 2020, U.S. District Judge Nicholas G. Garaufis in New York, ordered the federal government to restore DACA to its original terms. While this new order may seem similar to the Supreme Court’s ruling that prevented the end of the DACA program, this decision goes one step further. Specifically, this current order actually requires the government to reinstate the DACA program to its full strength.3 In order to comply with the December 4th ruling, the federal government must prominently display that it will be accepting DACA applications on its website; mail notices to eligible DACA recipients notifying them of this change; and provide a statistical report pertaining to DACA applications.4

In short, the Dreamers who qualify for DACA as first-time recipients may finally enjoy the benefits of being a DACA recipient. This is positive news for more than a million Dreamers that are now eligible for DACA.5 Although future legal challenges may occur, all Dreamers eligible for DACA are encouraged to apply now.

For more details and information specific to your case, do not hesitate to contact Michael C. McClure at Brian Webb Legal at 208-331-9393.

1 https://www.ilrc.org/daca
2 https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf
3 https://www.latimes.com/california/story/2020-12-05/after-judge-orders-feds-to-take-new-daca-applications-some-californians-rejoice-while-others-hold-off
4 https://drive.google.com/file/d/1HHdz8TO5hnxRO4pjpkZPnj2F1mM9iNOi/view
5 https://www.latimes.com/california/story/2020-12-05/after-judge-orders-feds-to-take-new-daca-applications-some-californians-rejoice-while-others-hold-off

Contact Info:
Name: Michael C. McClure
Organization: Brian Webb Legal
Address: 3509 W BAVARIA ST # 102 Eagle, Idaho 83616
Phone: 208-331-9393
Website: https://bwl.legal/