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California Self-Study MCLE credit type and hour(s): 0.25 General hour(s)

In June 2020, the Supreme Court held that the Department of Homeland Security’s 2017 decision to rescind the DACA program was arbitrary and capricious. The Court decision suggested that the program may again be rescinded if the government provides a more reasoned justification . While the decision should have renewed the DACA program entirely, both for new and renewing applicants, United States Citizenship and Immigration Services released no guidance on the impact of the Court’s decision. In July 2020, DHS released a memorandum stating that it would: 1) reject all newly filed initial applications 2) accept applications for renewal only and 3) condense the period for renewals from 2 years to 1 year. It remains uncertain whether these actions will be challenged in future litigation. PBTI encourages attorneys with DACA renewal cases or initial filings to consult with their supervising attorney or other immigration experts in moving forward with DACA cases.