USCIS issues notice of DACA reinstatement

USCIS published a notice on its website today indicating compliance with a court order that it reinstate the old DACA rules. According to USCIS, effective today, it is enacting the following changes:

• Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
• Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
• Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
• Extending one-year grants of deferred action under DACA to two years; and
• Extending one-year employment authorization documents under DACA to two years.

The announcement contains an additional sentence not required by the court, stating that “DHS will comply with Judge Garaufis’ order while it remains in effect, but DHS may seek relief from the order.” To date, DHS does not seem to have requested any relief from the order, but it may still seek relief from an appellate court. It is unclear if DHS will take that step, however. Any relief would have to happen soon, as the incoming Biden Administration is unlikely to continue efforts to terminate or restrict DACA.