November 26, 2020

Volume X, Number 331

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November 25, 2020

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November 23, 2020

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DACA Suspension Invalidated

On Nov. 14, U.S. District Judge Nicholas G. Garaufis held that Chad Wolf was “not lawfully serving as Acting Secretary of Homeland Security under the HAS [Homeland Security Act] when he issued the Wolf Memorandum” in July, which suspended new Deferred Action for Childhood Arrivals (DACA) program applications and limited renewals. Accordingly, Wolf lacked the authority to act in the Homeland Security Chief capacity and his actions were invalid. While the decision did not explicitly order the Department of Homeland Security to restore the original version of DACA, it did certify a class of over 1 million immigrants who may be eligible for DACA but were previously prevented from applying. The ruling is likely to be appealed by the government.

Lizbeth M. Chow contributed to this article.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 324
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About this Author

Kate Kalmykov, Greenberg Traurig Law Firm, New York and New Jersey, Immigration Law Attorney
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Kate Kalmykov focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has extensive experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5...

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