A federal judge ruled that the Trump administration must fully restore the DACA program, but delayed the order until August 23, 2018, to allow the government to respond and appeal.
In the decision, the court stated, “The Court therefore reaffirms its conclusion that DACA’s rescission was unlawful and must be set aside.” The court also denied the government’s motion to reconsider, stating that “The Court has already once given DHS the opportunity to remedy these deficiencies—either by providing a coherent explanation of its legal opinion or by reissuing its decision for bona fide policy reasons that would preclude judicial review—so it will not do so again.”
Additionally, the court states that it does not hold that DHS lacks the statutory or constitutional authority to rescind the DACA program, but rather that “if DHS wishes to rescind the program—or to take any other action, for that matter—it must give a rational explanation for its decision.” (NAACP v. Trump, 8/3/18)
What this means is that if the court’s order goes into effect on August 23, the original DACA program will be restored in full and the administration will be required to accept not only renewals of existing DACA grants (as is currently the case), but also new DACA applications as well.
Contact us to discuss your eligibility for DACA as soon as possible.
Elaine Martin has been practising US and global immigration law since 1997. She is an immigrant herself (from Ireland), so has a special understanding of the legal and emotional challenges involved in relocating to a new country.