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.
As expected, today the US government announced that it was ending the DACA (Deferred Action for Childhood Arrivals) program.
DACA allowed undocumented young people who
to apply for temporary permission to stay in the US, and to get a work permit. Almost 800,000 people have received DAD and the vast majority are working and/or enrolled in higher education. Most of the children arrived before the age of 6, and feel more American that anything else.
The US Department of Homeland Security (DHS) announced that it will phase out DACA over the next six months. In a nutshell:
There will be a lot more information emerging about this in the next few days and weeks, so stay tuned for updates. For any questions about DACA or other immigration options, please contact Elaine Martin..
USCIS Press Release
FAQs from USCIS
USCIS has issued an update on its effort to retrieve the three-year DACA (Deferred Action for Childhood Adjudication) work permits that were issued by mistake. As of 8/5/15, USCIS states that it has accounted for over 99% of the approximately 2,600 identified invalid work permits. Twenty-two recipients failed to respond to the recall, and their DACA has been terminated.
Not all 3-year permits are invalid. You must return your 3-year work permit if you:
The U.S. Department of Homeland Security (DHS) has been forced to delay accepting expanded Deferred Action for Childhood Arrivals (DACA) applications after a federal district judge temporarily blocked both it and the Deferred Action for Parents of U.S. Citizens and Legal Permanent Residents (DAPA) program. The expanded DACA program was to take effect on February 18, 2015. DAPA was slated to begin in May.
U.S. District Judge Andrew Hanen, in Texas, ruled late Monday night to block executive actions Obama took late last year to shield as many as 5 million undocumented immigrants from deportation. Judge Hanen halted Obama's executive action, ruling that the administration had failed to comply with the Administrative Procedure Act, which calls for the White House to afford a longer notification and comment period before taking action. The ruling was issued in a lawsuit filed by 26 U.S. states seeking to bar the Obama Administration from certain executive actions on immigration.
The DHS immediately issued a statement confirming that they intended to appeal the decision, but would comply with it while an appeal is pending.
Secretary Johnson stated that
"...the Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA.
The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do."
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.