D&S Immigration Law Blog

DACA Reinstated with DHS Modifications

On July 17, the U.S. District Court for the District of Maryland restored the Deferred Action for Childhood Arrivals (DACA) program on remand from the Supreme Court. [callout] DACA was rescinded on September 5, 2017 by the Department of Homeland Security. On May 15, the Court of Appeals for the Fourth Circuit reversed the rescission. On June 18, the Supreme Court also held that the rescission or diminishment of DACA is “arbitrary and capricious” and a possible violation of the Administrative Procedures Act (APA). On July 17, the U.S. District Court for the District of Maryland affirmed these rulings, stating, “The DACA rescission and...

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“Public Charge Rule” Enjoined Nationwide During COVID-19 National Emergency

On July 29, the U.S. District Court for the Southern District of New York (SDNY) enjoined the Department of Homeland Security and the Department of State from enforcing, applying, implementing, or treating as effective the Public Charge Rule. [callout] USCIS has issued a statement informing that “Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A.” “As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge...

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