After the Trump administration’s June 2020 Supreme Court defeat over its DACA rescission attempt, DHS released a memo restricting the Deferred Action for Childhood Arrivals initiative. The memo does not fully rescind DACA but imposes significant operational changes that reshape renewal timelines and block new applicants entirely.
What changed
The memo denies all first-time DACA requests and blocks approximately 66,000 eligible applicants from receiving approval. First-time applications had been halted in 2018, but after the Supreme Court’s June ruling, USCIS was permitted to resume accepting them—bringing hope to people who aged into eligibility—until the administration announced it would refuse to act on those pending first-time applications.
All DACA renewals will be adjudicated on a case-by-case basis, but if granted will only provide for one-year renewals, departing from the standard two-year renewal period.
The July 28 memorandum falls short of a total rescission but creates a cruel uncertainty for hundreds of thousands of Dreamers.
Why it matters
If you represent DACA recipients, the memo forces you to recalibrate renewal strategy. Your clients cannot count on the customary two-year work authorization validity period; one-year terms mean more frequent applications, higher cumulative fees, and greater exposure to administrative changes during each renewal window.
The freeze on first-time applications is devastating for those who aged into eligibility after the 2018 halt. Approximately 66,000 young people cannot now obtain DACA protection, even though they meet the statutory criteria. Practitioners advising families should clarify that clients without prior DACA grants cannot apply under this memo.
The memo’s refusal of pending first-time applications—despite DHS’s temporary authority to process them post-June ruling—signals that the administration intends a full rescission later. The memo sets the stage for a full rescission of the initiative in the months ahead and creates legal uncertainty for all DACA beneficiaries.
Way forward
- For current DACA holders: File renewal applications immediately while the memo is in effect. Do not delay assuming future windows will remain open.
- For first-time applicants: Understand that you cannot file DACA applications under this memo. Monitor litigation and policy changes that may alter this restriction.
- For practitioners: Document the one-year renewal timeline in all client advice. Advise clients to expect frequent re-adjudications and plan work authorization continuously.
- Litigation watch: Expect legal challenges to the freeze on first-time applications. Consider whether your clients have standing to join potential class actions.
Disclaimer
This article is provided for informational purposes and does not constitute legal advice. We are a software company, not a law firm. Consult a licensed immigration attorney to understand how this memo affects your specific situation. Immigration policy can change without notice; verify this information against the primary source linked above and any updates from USCIS or your legal counsel.