In July 2020, in the wake of the Supreme Court’s ruling that the Trump Administration’s previous attempt to undo the DACA program was unlawful, Acting DHS Secretary Chad Wolf issued a memo barring new DACA applicants, limiting renewals to one year instead of two, and precluding DACA grantees from getting permission to travel internationally except in “exceptional circumstances.”
Now a federal court has ruled that because Wolf was not lawfully appointed to his position, he had no authority to issue the limiting memo.
The court ruling, out of the Eastern District of New York, joins another federal court in Maryland in finding Wolf was serving unlawfully. The Government Accountability Office has also issued a report finding Wolf in his role through an invalid order of succession. In response to the latest decision, DHS issued a statement calling the ruling the result of an “activist judge” and saying that it was “exploring its options to ensure its review of DACA continues as intended.”
Because Wolf was not properly appointed to his role and had no authority to issue the July 2020 memo, it seems that the memo has been invalidated and new DACA applicants should be able to apply under the original 2012 Napolitano memo. Extensions should also go back to two years at a time and requests for international travel permission should be evaluated under prior standards.
A new hearing has been scheduled to determine the ramifications of the court order on November 18, 2020. We expect further information to be available following that hearing and will provide updates as they become available.
We don’t often think about the Department of Labor as being a part of the immigration bureaucracy, but it takes just one sweeping change to remind us of the massive…
Joseph & Hall P.C. is a full-service immigration law firm. We pride ourselves on being nationwide experts in all areas of immigration law, including the practice areas listed below. Our attorneys frequently are asked to speak both locally and nationally on a wide variety of immigration topics. For an overview of each practice area, please click the links below. If you have any questions about how these practice areas may apply to your case, please do not hesitate to contact our firm.
Countless people dream of becoming a U.S. citizen. If your application was rejected by the USCIS, we are here to fight for your best interests.
We assist entrepreneurs, business owners and investors with corporate immigration needs. We understand the urgency of these issues and work to solve the matter efficiently.
We provide a range of family immigration services to help you determine whether you qualify for citizenship.
Deportation can split your family apart and make the future uncertain. Build a solid legal defense alongside our immigration attorneys.
Get in touch with us. Write us a message.