Batalla Vidal v. Wolf
On July 28, 2020, Defendant Chad F. Wolf issued a memorandum that effectively suspended DACA. However, such an attempt by the Trump Administration to severely limit or terminate DACA failed again.
On November 14, 2020, Judge Nicholas G. Garaufis issued an opinion of the court in Batalla Vidal v. Wolf, holding:
Mr. Wolf was not lawfully serving as Acting Secretary of Homeland Security under the Homeland Security Act (“HSA”) when he issued the July 28, 2020 memorandum. Plaintiffs’ motions for summary judgment are therefore GRANTED as to their claims under the HSA, and Defendant’s cross-motions are DENIED. … Mr. Wolf did not (and does not) possess the power to ratify any of his former actions.
The Wolf memorandum instructed DHS personnel to (1) reject all pending and future initial requests for DACA; (2) reject all pending and future applications for advance parole–necessary for DACA recipients to leave and re-enter the United States–absent exceptional circumstances; and (3) require DACA recipients to renew their status under the program annually rather than every two years.
The court threw out the Wolf memorandum. As such, all prior attempts to limit DACA benefits are terminated. It is possible to file a first time application for those who might qualify.
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