Important Updates
Important Updates
December 24, 2025 | United StatesUnited States: District Court Judge Issues Opinion Upholding $100,000 H-1B Fee
December 26, 2025 | ChinaChina: Extension of Waiver of Fingerprint Requirement for Short-Term Visa Applicants at Certain Consular Posts
December 26, 2025 | 🌐Minimum Salary Changes Announced
December 26, 2025 | United StatesMitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine
December 26, 2025 | OmanOman: New Licensing Requirement for Select Roles 
December 24, 2025 | United StatesUnited States: District Court Judge Issues Opinion Upholding $100,000 H-1B Fee
December 26, 2025 | ChinaChina: Extension of Waiver of Fingerprint Requirement for Short-Term Visa Applicants at Certain Consular Posts
December 26, 2025 | 🌐Minimum Salary Changes Announced
December 26, 2025 | United StatesMitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine
December 26, 2025 | OmanOman: New Licensing Requirement for Select Roles 
December 24, 2025 | United StatesUnited States: District Court Judge Issues Opinion Upholding $100,000 H-1B Fee
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • 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
  • 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

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.