Skip to content Menu

For the first time in three years, the Deferred Action for Childhood Arrivals (DACA) program has been fully restored to its original guidelines.

Building on his federal court decision issued last month that overturned the Department of Homeland Security’s (DHS) sweeping changes to the DACA program, Judge Nicholas Garaufis ordered DHS on December 4 to illustrate that it had begun restoring DACA to its original program parameters as first created in 2012. On December 7, DHS updated its guidance to indicate its full compliance, including:

  • The acceptance of new DACA program applications
  • A return to granting DACA program status renewals for two years at a time
  • A return to an allowance for advanced parole, which lets DACA recipients leave the country without jeopardizing their DACA status
  • A return to renewal of employment authorization documents under DACA for two years at a time

While DHS has illustrated its intent to comply with the order, the agency also indicated that it may “seek relief from [it].” DHS’ future legal challenges to this decision will be limited by the time constraints of the current administration. President-elect Joe Biden’s administration is expected to work towards greater legal protections for DACA recipients, and Vice President-elect Kamala Harris has indicated that she intends to send immigration reform legislation to Congress within the first 100 days of the new administration.


Megan Schneider

Senior Director, Government Affairs


Related Content

ED Announces Availability of New Relief Funds

The Department of Education has announced that $20.2 billion in COVID-19 relief aid for colleges and universities, allocated by Congress at the end of 2020, is now available.

First Days of Biden Administration Have Widespread Implications for Higher Education

In his first few days in office, President Joe Biden has proposed new immigration legislation and issued multiple executive orders that make changes for colleges and universities, as well as students and their families.

ED Announces New HEERF Allocations, Guidance on Additional $36 Billion in Aid

The Department of Education has released the latest round of Higher Education Emergency Relief Fund allocations and accompanying regulatory guidance for the largest infusion of funds yet. NACUBO’s comprehensive analysis of the 28-page document includes eligibility clarifications for emergency grants to students, new required uses for some of the funds, and more.