A federal court has ordered US Citizenship and Immigration Services to accept new DACA applications and restore two-year work permit validity. Judge Nicholas Garaufis of the US District Court for the Eastern District of New York issued the ruling today. USCIS is required to update information on their website by Monday, as well as develop a mechanism to notify eligible applicants. The Administration has the option to appeal the decision.
Read more here.
President Trump announced today his intention to nominate Chad Wolf to be Secretary of Homeland Security. Mr. Wolf has served as Acting Secretary of Homeland Security since November 2019. Full story at Politico.
The US Department of Homeland Security has announced it will reject initial DACA applications, and will “thoughtfully consider the future of the DACA policy, including whether to fully rescind the program”.
The following changes will take effect immediately:
Acting DHS Secretary Chad Wolf said in a press statement that “Congress should act on this matter”.
The full memorandum is available here.
The ICE Student Exchange and Visitor Program has published an updated FAQ clarifying certain issues of concern for Autumn 2020. The FAQ explains that F and M students, and schools certified by SEVP, should continue to abide by the guidance published in March. The document has additional information for DSOs.
Summary:
ICE has clarified that international students who were enrolled in a US institution as of March 9th, 2020, may be issued an I-20 and retain their non-immigrant status even if their classes are entirely online. These students may remain in the US if they are already here. If they have subsequently left the country, they are likely eligible to return to the US on their existing student visa. Travel may be subject to COVID-19 travel restrictions. Visa eligibility for travel to the US is determined by the Department of State, not ICE.
However, initial students, who were not enrolled in a US institution as of March 9th, 2020, may not be issued an I-20 if their classes are entirely online. Thus, they cannot obtain an F-1 Visa for travel to the US if they are taking entirely online classes.
On July 15th, US Immigration and Customs Enforcement published an updated FAQ for SEVP stakeholders following the repeal of the “July 6th Directive”. Of note, initial students should not travel to the US to begin their program. SEVP provides further guidance for designated school officials.
Additionally, the US Department of State has announced that certain visa holders departing from the Schengen Area, UK, and Ireland may travel to the US, even under current prohibitions. This does not apply to travelers departing from China, Brazil, or Iran.