Two DACA children sit together in a field of American Flags

DACA Rules Revert Back to Pre-Trump Policy & other Immigration News for December 11, 2020

Two DACA children sit together in a field of American Flags

Peri B. Edelman | December 11, 2020

In the past week, there has been only good news for immigrants. Trump’s executive actions have not survived judicial actions. Here are the following highlights of the week:

DACA Rules Revert Back to Policy Prior to September 5, 2017

This reproduced verbatim from the news at USCIS.gov

On November 14, 2020, Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York issued an opinion regarding the July 28, 2020 memorandum signed by Acting Secretary Chad F. Wolf.  On December 4, 2020, Judge Garaufis required the Department of Homeland Security (DHS) to take certain actions to implement his November 14 opinion. As a result, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

  • Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order
  • Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Extending one-year grants of deferred action under DACA to two years; and
  • Extending one-year employment authorization documents under DACA to two years.

USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the Wolf Memorandum.

New York District Court Orders Initial Master Calendar Hearings Within 10 Days of Detention for Removal

A federal district court ruled that Fifth Amendment procedural due process requires that immigration detainees receive an initial master calendar hearing within 10 days of their arrest by Immigration and Customs Enforcement (ICE) Perez v. Decker, 2020 WL 7028637 (S.D. N.Y. 2020).

This case sparks a great change. It used to take months in some cases to schedule an initial master calendar hearing while a person was detained. Now, a detained immigrant will get a hearing within ten days of being detained.

For more on how my office can help you or your family member with deportation and removal defense, contact my office.

District Court Invalidates New H-1B Rules

On December 1, 2020, a district court set aside a pair of rules changing prevailing wage calculations and tightening other requirements for the H-1B special occupations program. The court in Chamber of Commerce of U.S. v. U.S. Department of Homeland Security, 2020 WL 7043877 (N.D. Cal. 2020), found that the government violated the Administrative Procedure Act USCIS stated that it will fully comply with the court’s decision.

This is sign of relief for organizations who want to hire H-1B non-immigrants.

US Department of Homeland Security (DHS) Extends TPS Document Validity for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan

The Department of Homeland Security (DHS) has extended the validity of employment authorization documents (EADs) of through October 4, 2021, Form I-797 Notices of Action, and Form I-94 Arrival/Departure Records for beneficiaries of the temporary protected status (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. These documents were set to expire on January 4, 2021.

This newsletter is a general information regarding recent changes in immigration law. Every matter is different. If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.