• Insights

DHS Posts Notice of Compliance with DACA Court Order For Now

December 8, 2020

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The Department of Homeland Security (DHS) has confirmed that it will comply with a recent court order to reinstate the original 2012 DACA program, but also states that the agency may appeal the ruling.
  • As of December 7 and while the court order is in effect, U.S. Citizenship and Immigration Services (USCIS) will accept initial DACA applications and renewals, as well as applications for DACA advance parole travel documents.
  • USCIS will also issue one-year extensions of DACA and employment authorization to beneficiaries who received truncated one-year (instead of two-year) documents under a now-invalidated DHS guidance memorandum.

The issue

The Department of Homeland Security (DHS) has taken steps to comply with a December 4, 2020 New York federal district court order requiring the agency to restore the Deferred Action for Childhood Arrivals (DACA) program to its 2012 form and to provide notice to the public of the reinstatement. 

The DHS website and the U.S. Citizenship and Immigration Services (USCIS) website have now been updated to reflect government compliance with the order. According to the notices, starting December 7, USCIS will:

  • Accept first-time requests for DACA based on the terms of the program in effect prior to September 5, 2017;
  • Accept DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017;
  • Accept applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017;
  • Extend one-year grants of deferred action under DACA to two years; and
  • Extend one-year employment authorization documents under DACA to two years.

 

USCIS will take appropriate steps to provide evidence of one-year extensions of deferred action and employment authorization documents to DACA beneficiaries who were issued documentation on or after July 28, 2020, with a truncated one-year validity period.

DHS also noted that though it will comply with the New York district court order requiring the restoration of DACA while it remains in effect, it may also seek relief from the order.

Background

The reinstatement of DACA to its original form follows a November 14 New York district court decision invalidating a recent DHS memorandum that rolled back the DACA program (the Wolf memorandum).  The Wolf memorandum had limited renewals to one year, and prohibited first-time DACA applications and the grant of advance parole travel documents to DACA beneficiaries. The court’s December 4 order directed DHS to take concrete steps towards full reinstatement of DACA in furtherance of the November 14 decision.

What the agency updates mean for DACA beneficiaries and the DACA-eligible

Foreign nationals who wish to apply for initial DACA benefits and current DACA beneficiaries who seek advance parole should now be able to submit these applications to USCIS.

Individuals who were issued one-year DACA benefits under the restrictive Wolf memorandum can expect USCIS to take steps to issue one-year extension evidence in some form.

By December 31, DHS is also required to begin the notification process for individuals with claims to membership in the court’s certified nationwide class, meaning individuals who are or will be eligible for DACA based on the terms of the program that existed in 2012 (except those who filed their own separate lawsuits challenging the Wolf memorandum).

What’s next for the DACA program

DHS asserts in its notice that it may seek relief from the November 14 court order that requires the agency to fully restore DACA. There also remains the possibility that DHS could try to administratively terminate DACA before the Biden Administration is installed on January 20, 2021. The Biden transition team has made clear that protection of the DACA program will be an utmost priority in its initial days in office.

This alert is for information purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Blog post

Prepared, Not Reactive: What UAE HR and Mobility Teams Must Build for the Long Run

Senior Manager Manu George analyzes how recent disruptions in the UAE’s immigration landscape underscore the need for always‑on mobility readiness, outlining five core pillars that help organisations strengthen workforce visibility, manage compliance proactively and mitigate geopolitical and operational risks.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Blog post

Prepared, Not Reactive: What UAE HR and Mobility Teams Must Build for the Long Run

Senior Manager Manu George analyzes how recent disruptions in the UAE’s immigration landscape underscore the need for always‑on mobility readiness, outlining five core pillars that help organisations strengthen workforce visibility, manage compliance proactively and mitigate geopolitical and operational risks.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 5, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
June 5, 2026 | United StatesFragomen Earns Top Rankings in Chambers USA 2026
June 5, 2026 | 🌐Middle East: Wafid Program Updated to Strengthen Medical Screening of Foreign Nationals
June 5, 2026 | 🌐Minimum Salary Changes Announced
June 5, 2026 | Saudi ArabiaSaudi Arabia: Increased Labor Inspections
June 5, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
June 5, 2026 | United StatesFragomen Earns Top Rankings in Chambers USA 2026
June 5, 2026 | 🌐Middle East: Wafid Program Updated to Strengthen Medical Screening of Foreign Nationals
June 5, 2026 | 🌐Minimum Salary Changes Announced
June 5, 2026 | Saudi ArabiaSaudi Arabia: Increased Labor Inspections
June 5, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.