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Seyfarth Synopsis: In light of the recent Supreme Court decision, DHS continues the DACA program, but implements new guidance as it conducts a complete review of the program.   

On July 28, 2020, the Department of Homeland Security (“DHS”) issued a memo, “Reconsideration of the June 15, 2012 Memorandum Entitled ‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” in response to the recent Supreme Court Case, Department of Homeland Security v. Regents of the University of California (“Regents”) that allowed the Deferred Action for Childhood Arrivals (“DACA”) program to continue based on regulatory grounds, as we reported in our June 19, 2020 post.  The  Supreme Court found that the Trump administration’s 2017 rescission, reported here of DACA was done in “an arbitrary and capricious way” that violated the Administrative Procedure Act (“APA”).
Continue Reading Dreamers Face DACA Reboot

Seyfarth Synopsis: The Supreme Court allows DACA to proceed on the grounds that DHS did not meet the regulatory Administrative Procedures Act requirements in rescinding the program. The Court did not rule on the legality of the DACA program itself.

In the Supreme Court’s June 18th decision on Department of Homeland Security v. Regents of the University of California,  the Court rejected an attempt to dismantle the Deferred Action for Childhood Arrivals (DACA) program on the grounds that the Administration failed to abide by regulatory procedures.
Continue Reading A Win for Dreamers: Supreme Court Rejects Bid to end DACA

By: Dawn M. Lurie, Alexander Madrak, and Greg M. Morano*

Seyfarth Synopsis: On January 13, 2018, per a federal district court order, U.S. Citizenship and Immigration Services (USCIS) began accepting Deferred Action for Childhood Arrivals (DACA) renewals and requests from certain individuals.  On January 16, 2018, the United States government stated its intent to appeal the district court’s injunction to both the Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.


Continue Reading DACA: Drama over Dreamer’s Program Continues

Seyfarth Synopsis: The Department of Homeland Security (DHS) to terminate the Deferred Action for Childhood Arrivals (DACA) program.

“Congress, get ready to do your job – DACA,” tweets President Trump on Tuesday morning.   

End to DACA

The President’s tweet confirmed Sunday’s reports that the Trump administration will move forward with plans to wind down the