Important Updates
Important Updates
May 29, 2025 | ChinaMainland China: More Nationals Eligible for Visa Exemption; Expanded Rights Under Exemption
May 29, 2025 | United StatesBloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight
May 29, 2025 | CanadaCanada: Ontario Unveils Proposed Immigration and Worker Reforms
May 29, 2025 | EstoniaEstonia: New Rules Forthcoming for Businesses Seeking to Hire Foreign Workers
May 29, 2025 | KenyaKenya: Digital Nomad Visa Introduced, Further Details Forthcoming
May 29, 2025 | ChinaMainland China: More Nationals Eligible for Visa Exemption; Expanded Rights Under Exemption
May 29, 2025 | United StatesBloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight
May 29, 2025 | CanadaCanada: Ontario Unveils Proposed Immigration and Worker Reforms
May 29, 2025 | EstoniaEstonia: New Rules Forthcoming for Businesses Seeking to Hire Foreign Workers
May 29, 2025 | KenyaKenya: Digital Nomad Visa Introduced, Further Details Forthcoming
May 29, 2025 | ChinaMainland China: More Nationals Eligible for Visa Exemption; Expanded Rights Under Exemption
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • 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
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • Insights

District Court Invalidates DHS Memo Limiting DACA Program

November 16, 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

  • This weekend, a federal district court paved the way for reinstatement of the original 2012 DACA program by invalidating a July 2020 Department of Homeland Security (DHS) memorandum that limited the program in a number of ways.
  • Under the court order, DHS must accept initial DACA applications as well as renewals, grant advance parole travel documents, and issue two-year renewals (instead of one-year) to DACA beneficiaries. DHS is expected to appeal the district court decision.
  • The court also certified a class of foreign nationals who can benefit from the ruling, including those who were issued limited DACA benefits and those who may have been eligible to apply for DACA protection but were prevented from doing so under the Trump Administration’s policies.
  • Current DACA beneficiaries may continue to work pursuant to their valid employment authorization documents and should apply to renew their benefits as soon as they are eligible to do so. Others should await agency instruction before filing for new benefits.

The issue

This weekend, Judge Nicholas Garaufis of the U.S. District Court for the Eastern District of New York invalidated the July 28, 2020 DHS memorandum that rolled back the DACA program by prohibiting new initial Deferred Action for Childhood Arrivals (DACA) applications, limiting renewals to one year, and prohibiting the grant of advance parole travel documents to DACA beneficiaries. The court ruling restores the DACA program, at least temporarily, to its original form as created in 2012. The cases are Batalla Vidal v. Wolf and State of New York v. Trump.

Judge Garaufis held that Chad Wolf was not lawfully appointed Secretary of the Department of Homeland Security (DHS) and thus did not have the legal authority to issue the July 28 agency memo. Judge Garaufis also certified a nationwide class, meaning that the court order will apply to all 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.

The parties to the case are expected to confer with the court about next steps for affected foreign nationals, presumably including procedures for those seeking to apply for initial DACA benefits, those who received one-year extensions (as opposed to two-year extensions), or for advance parole. DHS is expected to appeal the district court decision to a higher court.

Background

Created in 2012, the DACA program offered deportation relief and employment authorization to certain undocumented immigrants brought to the country as children, also known as Dreamers.  

The Trump Administration announced its intention to terminate the DACA program in September 2017, but provided a six-month delay in order to give Congress time to develop a legislative solution. Congress failed to take action, and in the meantime, several lawsuits were brought challenging termination of the program. Pursuant to several federal court orders, USCIS was compelled to continue processing DACA renewal applications, including employment authorization documents (EADs), but was permitted to refuse new applications for DACA protection as well as applications for advance travel authorization – known as advance parole – from DACA beneficiaries.

In Fall 2019, the U.S. Supreme Court engaged in a consolidated review of three of the lawsuits challenging DACA’s termination. In mid-June, the Court ruled that the Trump Administration violated procedural requirements when it sought to terminate the DACA program in 2017 because it failed to provide an adequate justification, thus violating the Administrative Procedure Act (APA).  It held, however, that the agency had the legal authority to terminate the program if it did so properly.

On July 28, Acting Secretary Wolf reiterated the Trump Administration’s view that termination of DACA is warranted, but stated that a full rescission of the program requires more consideration. He ordered the agency to adjudicate some DACA applications as the agency decided how to properly terminate DACA, but with limitations on renewals, advance parole and initial applications described above. 

What the new ruling means for DACA beneficiaries and the DACA-eligible

This most recent court order paves the way for the DACA program to be restored fully in the near future; however, in practice, the program remains status quo until further notice. Current DACA beneficiaries may continue to rely on their valid employment authorization documents and continue to receive protection from deportation until further notice. Those with expiring EADs should submit their renewal applications as soon as they are eligible to do so.

Foreign nationals who wish to apply for initial DACA benefits and current DACA beneficiaries who seek permission to travel abroad should await further instruction from the agency and seek advice from immigration counsel as we await the government response to this weekend’s ruling.

What’s next for the DACA program

DHS is expected to appeal this weekend’s court decision and could still try to administratively terminate DACA before the Biden Administration is installed on January 20, 2021. The Biden Administration, however, has made clear that protection of DACA is an utmost priority within 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

Media mentions

Bloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight

Partner Daniel Pierce highlighted the challenges US universities face under new visa restrictions.

Learn more

Blog post

Unlocking Talent: Why Hiring Graduates on Immigration Permissions Is a Strategic Business Move

Senior Immigration Programme Consultant Salem Barakat shares how hiring graduates on immigration permissions is a strategic business move that unlocks talent and drives innovation.

Learn more

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Media mentions

Yorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes

Practice Leader Kathleen O’Donnell highlights how proposed UK immigration reforms could impact businesses in Yorkshire.

Learn more

Media mentions

Business Insider: The Death of the Digital Nomad

Partner Charlotte Wills notes that while full-time, long-term remote work might become less common, many professionals continue to work from abroad through more structured, short-term arrangements.

Learn more

Video

How to Stay in France After Graduation: Immigration Options for International Students

In this video, Immigration Consultant Laura Varon Osorio walks you through everything you need to know about staying in France after graduation. Whether you’re looking to work, start a business or transition to a new immigration status, this guide covers key immigration pathways for international students.

Learn more

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Bloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight

Partner Daniel Pierce highlighted the challenges US universities face under new visa restrictions.

Learn more

Blog post

Unlocking Talent: Why Hiring Graduates on Immigration Permissions Is a Strategic Business Move

Senior Immigration Programme Consultant Salem Barakat shares how hiring graduates on immigration permissions is a strategic business move that unlocks talent and drives innovation.

Learn more

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Media mentions

Yorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes

Practice Leader Kathleen O’Donnell highlights how proposed UK immigration reforms could impact businesses in Yorkshire.

Learn more

Media mentions

Business Insider: The Death of the Digital Nomad

Partner Charlotte Wills notes that while full-time, long-term remote work might become less common, many professionals continue to work from abroad through more structured, short-term arrangements.

Learn more

Video

How to Stay in France After Graduation: Immigration Options for International Students

In this video, Immigration Consultant Laura Varon Osorio walks you through everything you need to know about staying in France after graduation. Whether you’re looking to work, start a business or transition to a new immigration status, this guide covers key immigration pathways for international students.

Learn more

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

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.