DREAMers

On Monday, October 31, 2022, the Department of Homeland Security’s final rule to preserve and fortify Deferred Action for Childhood Arrivals (DACA) went into effect. The final rule’s implementation means that DACA is now based on a formal regulation, thereby preserving and fortifying the program while the program remains the subject of litigation in court. Previously, DACA was based on a policy memorandum that then-DHS Secretary Janet Napolitano issued on August 15, 2012.
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The Department of Homeland Security (DHS) announced the Deferred Action for Childhood Arrivals (DACA) final rule, which has been posted for public inspection on the Federal Register’s website. The final rule generally codifies existing policies with limited amendments to preserve and fortify DACA.
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USCIS announced that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online.
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A federal court determined DACA as unlawful on July 16, 2021. Thus, the government will not permit NEW applications of DACA but will allow existing DACA recipients to retain their grants and apply for renewal. The Immigration and Nationality Lawyers at the NPZ Law Group continue to monitor the developments in the DACA landscape for DACA recipients and DACA employers, and they work to determine resolutions for their clients concerning the same.
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Pursuant to the July 16, 2021 Order issued by the U.S. District Court for the Southern District of Texas in Texas v. United States, the Department of Homeland Security (DHS) is enjoined from granting initial DACA requests.
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When completing Form I-9, employees may choose to present their unexpired Form I-766, Employment Authorization Document (EAD) with Category code of C33 that was issued on or after July 28, 2020, along with an I-797 Extension Notice issued by USCIS that shows a one-year extension of their deferred action and work authorization under Deferred Action for Childhood Arrivals (DACA). In Section 1, employees may enter the end validity date from the notice in the “Authorized to Work Until” field.
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When completing Form I-9, employees may choose to present their unexpired Form I-765, Employment Authorization Document (EAD) with Category code of C33 that was issued on or after July 28, 2020, along with an I-797 Extension Notice issued by USCIS
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(December 11, 2020) Ridgewood, NJ. NPZ Law Group is dedicated to protecting the rights of individuals who are covered under the DACA (Deferred Action for Childhood Arrivals) program.

We are pleased to announce that the Department of Homeland Security (DHS) is now accepting first-time requests and renewal requests for deferred action under DACA after a federal court ordered the Trump Administration to reinstate the program.

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On November 14, 2020, Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York issued an opinion regarding the July 28, 2020 memorandum signed by Acting Secretary Chad F. Wolf. On December 4, 2020, Judge Garaufis required the Department of Homeland Security (DHS) to take certain actions to implement his November 14 opinion. As a result, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:
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The halls of Congress have been filled with discussion over the past several weeks about the status of the estimated 690,000 unauthorized immigrants who are in the Deferred Action for Childhood Arrivals (DACA) program. For many individuals in the U.S., the fear of facing Read more . . .