Important Updates
Important Updates
March 16, 2026 | United KingdomUnited Kingdom: Relaxations Under ETA Scheme for British Dual Nationals
March 16, 2026 | GreeceGreece: Significant Immigration Reforms Include Tech and Talent Visa, Liberalizing EU Blue Card
March 16, 2026 | United KingdomLeading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted
March 16, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 16, 2026 | 🌐Minimum Salary Changes Announced
March 16, 2026 | United KingdomUnited Kingdom: Relaxations Under ETA Scheme for British Dual Nationals
March 16, 2026 | GreeceGreece: Significant Immigration Reforms Include Tech and Talent Visa, Liberalizing EU Blue Card
March 16, 2026 | United KingdomLeading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted
March 16, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 16, 2026 | 🌐Minimum Salary Changes Announced
March 16, 2026 | United KingdomUnited Kingdom: Relaxations Under ETA Scheme for British Dual Nationals
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
    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
  • 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

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

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

© 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.