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DACA and Public charge news

This week has seen some big news in immigration.

DACA (Deferred Action for Childhood Arrivals) – On July 28, 2020 Chad Wolf, Acting Secretary of the Department of Homeland security released a policy memo in response to the Supreme Court’s recent decision declaring the Trump Administration’s rescission of DACA improper.  The hope was that in light of the Supreme Court decision new DACA applications would be accepted.  Unfortunately, the memo states that USCIS will NOT accept new DACA filings despite the Supreme Court’s ruling.  Any new DACA applications will be rejected and returned.   DACA renewals will be allowed for the time being, but will now only be issued in one year increments, instead of the two years previously allowed since DACA began.  Advanced Parole, a document allowing DACA recipients to travel outside the United States, can be granted to current DACA holders, but only in “exceptional circumstances”.  This is heartbreaking news for the approximately 300,000 Dreamers who would have been eligible to file first time DACA applications and obtain work permits and social security numbers.

 

USCIS new public charge rules have been halted by New York Federal Court Judge.
 
On July 29, 2020, The U.S. District Court for the Southern District of New York issued an order stating that the motion for preliminary injunction, and temporary stay of the USCIS Final Rule on Inadmissibility on Public Charge Grounds Rule’s application is granted. The government is enjoined from enforcing, applying, implementing, or treating as effective the Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.  This also applies to the Department of State applying new public charge rules to consular immigrant visa cases.
 
The order notes, “a nationwide injunction is both necessary to redress the harms caused by the Rule and appropriate given the strong federal interest in uniformity of the national health and immigration policies at issue here.”
 
We will need instruction on what this means for filing adjustment of status applications moving forward and the use of the new I-944 form.
Please contact Gladstein & Messinger, PC, queensimmigrationlaw.com, at 718-793-7800 if you have any questions regarding DACA, the new public charge laws or any other immigration related issue
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