USCIS: New DACA Applications Will Not Be Accepted

Roy Maurer By Roy Maurer August 26, 2020
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USCIS office

​U.S. Citizenship and Immigration Services (USCIS) confirmed that it will not accept new requests for Deferred Action for Childhood Arrivals (DACA) nor related work authorization requests from those who have not previously received DACA protection. Eligible DACA recipients may renew deferred action and employment authorization in one-year increments, reduced from two years.

We've rounded up resources and articles from SHRM Online and other outlets to provide context.

Future of DACA Uncertain

The new directives come as the Trump administration reconsiders the fate of the program which offers work permits and legal protections to about 640,000 undocumented people—known as "Dreamers"—who were brought to the United States as children. The U.S. Supreme Court struck down the administration's 2017 decision to terminate the program in June.

(U.S. Citizenship and Immigration Services)

Processing Begins After Monthlong Pause

USCIS ordered a freeze on processing DACA renewal applications July 28, delaying at least 20,000 applications, according to reports. The delays could leave thousands of DACA recipients ineligible to work legally if their authorizations expire and put them at risk of deportation.

(The Wall Street Journal)

Some Employers Reportedly Refusing to Hire 'Dreamers'

While some courts have accepted DACA's legality and have blocked the recent attempts to abruptly cancel it, some of the country's biggest companies are refusing to hire those protected by the program.

(The New York Times)

Misconceptions About Hiring, Employing 'Dreamers'

Many employers' reluctance to hire those with DACA comes from uncertainty and a lack of awareness, an expert told SHRM Online. Some employers just aren't sure if they can hire people with DACA, others think that they will have to provide sponsorship for Dreamers, and some are hesitant because of the uncertainty around DACA's future due to legal challenges.

(SHRM Online)

What the Supreme Court Ruling Means for Employers

The U.S. Supreme Court ruled June 18 to preserve DACA, for now. The court ruled that the Trump administration lacked a clear rationale for ending the program, meaning that Dreamers can keep their DACA benefits, including temporary work permits and relief from deportation. The administration can still attempt to rescind the program but must offer well-supported reasons for doing so, the court indicated.

(SHRM Online)

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