On January 20, 2021, President Biden issued a Presidential Memorandum entitled, “Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)” (“The Memo”).

The Memo directs the Secretary of Homeland Security, in consultation with the Attorney General, to

“take all actions he deems appropriate consistent with applicable law, to preserve and fortify DACA.”

There are no immediate changes to the DACA program.  At this time, the USCIS is accepting first-time requests for DACA as well as DACA renewal requests.  Also, grants of deferred action and employment authorization under DACA are to be issued in two-year increments.  Finally, the USCIS is accepting applications for advance parole.  This final portion is very beneficial to clients working with attorneys on immigration bars and other immigration problems.  Talk to your attorney to learn more about how advance parole might help in your situation.

So far, no decision has been made on pending motions for summary judgment before the U.S. District Court for the Southern District of Texas in Texas v. United States, 1:18-cv-00068.  The State of Texas and other plaintiffs are seeking an order declaring the DACA program unlawful and setting aside the June 2012 Napolitano Memorandum creating the DACA program.  If successful, the DACA program can be cancelled.  Consequently, it can be better to act now on DACA benefits rather than wait and see.