The Department of Homeland Security has decided to take action on DACA after the decision of the Supreme Court ordering them to restore the program as it was established on June 15, 2012. DHS has rescinded the memorandums that eliminated DACA and instead modified the original memorandum from 2012. DHS has implemented the following changes that have a high impact on all current DACA beneficiaries and on those that were seeking to apply for the first time.
• USCIS will not accept any new applications for initial DACA, and, if they were already filed following the Supreme Court decision, they will be returned and the payment refunded. There are no penalties for those that filed and are having their applications returned.
• USCIS will continue processing all renewal applications without any changes to the process.
• The period for which the deferred action and the employment authorization is granted has been reduced from two years to one.
• These new regulations alone are not reason to terminate anyone’s DACA benefits.
• Unless there are very special circumstances, USCIS will reject all applications for advanced parole (commonly known as permission to travel) for all DACA beneficiaries and will return those that have been filed.
• DACA continues being a discretionary benefit, and it can be denied or revoked under the appropriate circumstances.
• USCIS will keep up to date the DACA FAQs and instructions to form I-821D.