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Department of Homeland Security Will Reject Initial Requests for DACA As It Weighs Future of the Program

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Filed: AOS (apr) Country: Russia
Timeline

 

Acting Secretary of Homeland Security Chad F. Wolf announced that in response to the Supreme Court’s decision, the Department of Homeland Security will take action to thoughtfully consider the future of the DACA policy, including whether to fully rescind the program.

In the interim and to address serious concerns with the policy, the Department of Homeland Security will make the following changes to DACA immediately:

  • Reject all initial requests for DACA and associated applications for Employment Authorization Documents;
  • Reject new and pending requests for advanced parole absent exceptional circumstances; and,
  • Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.

“As the Department continues looking at the policy and considers future action, the fact remains that Congress should act on this matter,” said Acting Secretary Chad F. Wolf. “There are important policy reasons that may warrant the full rescission of the DACA policy.”

The new memorandum outlined four areas of concern:

  • Concern about whether, as a matter of policy, continuation of a broad, class-based deferred-action policy like DACA should be resolved by Congress;
  • Concern about whether any discretion to not enforce the law or afford deferred action should be exercised rarely and only on a truly individualized, case-by-case basis;
  • Concern that the existence of a program like DACA may send mixed messages about DHS’s intention to consistently enforce immigration laws as Congress has written them; and,
  • Concern that the existence of a program like DACA may encourage individuals to take a perilous journey to this country, needlessly endangering children.

 

https://www.dhs.gov/news/2020/07/28/department-homeland-security-will-reject-initial-requests-daca-it-weighs-future


31-Jan-2020 : I-485 Filed

17-Feb-2020: I-765/I-131 Filed

24-May-2020: I-765/I-131 approved

31-May-2020: EAD/AP Combo Card received

05-Oct-2020: Biometrics Scheduled

20-Oct-2020: Biometrics Complete

30-Nov-2020: EAD/AP Renewal Filed

04-Dec-2020: AOS Case Was Transferred And A New Office Has Jurisdiction 😂😂 - Transfer from CSC to Nebraska Service Center  

13-Jan-2021: EAD/AP USCIS processed renewal

25-Jan-2021: EAD/AP renewal TExt message for case received

30-Jan-2021: EAD/AP renewal Receipts received

15-Mar-2021: AOS Approved - Card Production Sent

20-Mar-2021: Card Received in Mailbox

 

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We'll see how long this holds...they were directly ordered by a federal court to continue accepting them in compliance with the SCOTUS ruling. The "reason" given to stop is due to a new DHS memo, which I did not see anything material that is likely to convince a judge to reach a different decision.

Judges don't like their orders not being followed, or trying to artificially construct a mechanism to go around them. I have a feeling this won't last long.

 

They 100% can end DACA, but they've been bit many times for going about it the improper way. This is just one more attempt to do so IMO.

If they just went about things the right way to begin with, it very likely would have been gone before they year even started.

 

Some more reading: https://www.politico.com/news/2020/07/28/daca-renewals-trump-dreamers-384504


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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It's only fair that a president can repeal DACA just like s/he can make one. I am just perplexed by how long it took the administration to carry out the EO only to be shot down. 

 

If I were DACA recipient, I would spend most of my time studying language of my home country in case of leaving without any recourse instead of being hung up on the hazy future. 

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Filed: Citizen (apr) Country: Ecuador
Timeline

A noncontributory post has been removed.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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