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DACA ALERT: Court orders DACA renewals to continue
Immigration  |  Thomas R. Ruge  |  02.07.2018 11:55 am  |  928  |  A+ | a-

On September 8, 2017, the University of California filed a complaint challenging the rescission of the DACA program and asking the court to enjoin the implementation of the rescission. On January 9, 2018, the district court issued an order directing the government to partially maintain the DACA program.

The court’s decision orders DHS to maintain the DACA program on a nationwide basis, under the same terms and conditions that were in effect before the program was rescinded, with the following exceptions:

New Applications: The court stated that applications from people who have never applied for DACA “need not be processed.” However, the court also noted that the decision does not prevent DHS from adjudicating new DACA applications.

Advance Parole: The court stated that applications for advance parole based on DACA do not have to be continued for the time being. However, the court also noted that the decision does not prevent DHS from adjudicating advance parole applications based on DACA.

Discretion: The court stated that the government can take steps to ensure that discretion is exercised fairly and on an individualized basis for each renewal application.

*Enforcement: The court also stated that the decision does not prohibit DHS from taking enforcement action against anyone, including those with DACA, who it determines may pose a risk to national security or public safety or who – in the judgement of DHS – “deserves … to be removed.”

Filing Renewal Applications

The court’s decision directs DHS to post “reasonable public notice that it will resume receiving DACA renewal applications” and to specify the process by which it will accept renewal. 

USCIS has not issued instructions on how to proceed with renewal applications, and Lewis Kappes recommends waiting to file for extensions of DACA status until the rules are available. 

If you want to be added to our list of clients who want to have their DACA status extended, but were prohibited from doing so before this court ruling, call or email our firm   317 639-1210; Adriana at amartinez@lewis-kappes.com. 

(Thanks to the American Immigration Lawyers Association for much of the content of this message.) 

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