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USCIS Issues Implementation Guidance on DACA Policy Changes

August 27th, 2020

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On July 28, 2020, Acting Secretary of Homeland Security, Chad Wolf, issued a policy memorandum (“Wolf Memorandum”) making changes to the Deferred Action for Childhood Arrivals (DACA) policy. A full breakdown of the changes to the DACA under the Wolf Memorandum can be found here. USCIS released guidance on how it will implement the Wolf Memorandum’s changes on August 24, 2020. 

What Additional Guidance Did USCIS Provide?

The USCIS guidance directs USCIS personnel to:

  • Reject all DACA requests (& accompanying applications for Employment Authorization Documents) submitted by aliens who have never previously received a grant of DACA and refund associated fees. The rejection should be made regardless of when the initial request was filed relative to the Wolf Memorandum. 
  • Adjudicate all pending and future DACA renewal requests (& accompanying applications for Employment Authorization Documents) from DACA recipients. 
  • Generally, reject renewal requests filed more than 150 days prior to the recipient’s current DACA expiration, which had previously been accepted. If there are legitimate reasons for filing a renewal request more than 150 days prior to expiration, USCIS can exercise its discretion to accept it. 
  • Allow previous two-year DACA grants to remain undisturbed during their existing two-year periods, unless terminated for reasons beyond the Wolf Memorandum. 
  • Reject and return all Form I-131 applications for Advance Parole (and associated fees) from DACA recipients filed before July 28, 2020. USCIS advises that these applicants can refile under the memorandum’s new guidance, which denies Advance Parole to DACA recipients absent exceptional circumstances.
  • Not terminate any previously approved advance parole documents issued to DACA recipients. 

The implementation guidance also clarifies the following:

  • All granted DACA renewals and accompanying Employment Authorization Document renewals will be valid for 364 days from the date the requests receive final approval. 
  • The fee increase for Form I-765 that goes into effect on October 2, 2020 does not apply to DACA-based applications for employment authorization. 
  • A determination on whether to grant DACA recipients Advance Parole is made based on the totality of the circumstances presented, and the DACA recipient bears the burden of establishing exceptional circumstances that establish eligibility for parole. 
  • Exceptional circumstances that may warrant the grant of advance parole to a DACA recipient may include, but are not limited to:
    • Travel to support U.S. national security interests;
    • Travel to further U.S. federal law enforcement interests;
    • Travel to obtain life-sustaining medical treatment not available to the recipient in the U.S.; and
    • Travel to support the immediate safety, well-being, or care of an immediate family member. 
  • A determination on whether to grant DACA recipients Advance Parole is made based on the totality of the circumstances presented, and the DACA recipient bears the burden of establishing exceptional circumstances that establish eligibility for parole. 
  • The Service Center Operations Directorate (SCOPS) will review and update all internal guidance and training materials related to the DACA policy to ensure consistency with the Wolf Memorandum and the guidance. 

USCIS guidance aims to help facilitate the implementation of the Wolf Memorandum. If you have questions about how the implementation guidance may impact your immigration status, be sure to contact Berardi Immigration Law to speak to one of our knowledgeable attorneys.