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DHS Memorandum on DACA: Ethically, Morally, and Legally Wrong
Posted on Jul 28 2020
July 28, 2020—Today, the Department of Homeland Security (DHS) issued a memorandum effectively re-rescinding the Deferred Action for Childhood Arrivals (DACA) program. The memo states that DHS will reject initial DACA applications and applications for advance parole, and will only renew DACA for one year increments.
“This decision is ethically, morally, and legally wrong,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota (ILCM). “Subverting a Supreme Court decision by issuing a memo is like conducting foreign policy via Twitter. DHS grossly underestimates the value Dreamers bring to the United States and the harm and burden caused by this memorandum.
“DACA recipients were already limited to renewals of status for two years of security at a time. This callous and malicious move unnecessarily forces them to pay a $495 renewal fee every single year for a scant 12 months of security. Moreover, it doubles the DACA renewal workload for United States Citizenship and Immigration Services (USCIS) when they already have huge backlogs in processing applications, including citizenship applications.”
“We will continue to fight for DACA and to support the hundreds of thousands of Dreamers who call this country home.”
Effective immediately, DHS said it will:
- Continue to adjudicate all pending and future properly submitted DACA renewal requests and associated applications for EADs from current beneficiaries;
- Reject all initial DACA applications and associated applications for Employment Authorization Documents (EADs);
- Decrease DACA renewal periods from two year increments to one year increments (this also limits the period of any associated work authorization to one year);
- Reject all pending and future Form I-131 applications for advance parole from DACA recipients unless exceptional circumstances apply; and
- Exercise its discretionary authority to terminate or deny DACA to an individual at any time when immigration officials determine termination or denial of DACA is appropriate.
“We fully expect to see this brought to court,” said Iyer. “There is no way this memo meets the criteria set by the Supreme Court for ending DACA—either for those who have already received it or for initial applicants.”
Current DACA recipients should submit renewal applications and should consult with a qualified immigration attorney before doing so. Dreamers who would be eligible for DACA but for the rescission of the program in 2017 should also consult with a qualified immigration attorney. Please check ILCM’s website for updates: www.ilcm.org.