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DACA Back on Track (temporarily) DACA Can Still Go Forward


Question: I have heard that a Federal Judge allowed applications on DACA to proceed. Is that true?

Answer: On September 5, 2017, the Trump Administration rescinded the Deferred Action for Childhood Arrivals (DACA) program. 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.

Question: What is the scope of the order?

Answer: 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the DACA program on a nationwide basis, under the same terms and conditions that were in effect before the program was rescinded, with the following exceptions: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.

Question: What about deportation?

Answer: Importantly, 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.”

Question: What must I file?

DACA

Answer: Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D (PDF), Form I-765 (PDF), and Form I-765 Worksheet (PDF), with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the instructions to the Form I-821D (PDF) and Form I-765 (PDF).  USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.  USCIS will not accept or approve advance parole requests from DACA recipients.

This is just temporary. The Federal Judge did not rule on the merits and that is still upcoming in Federal Court.

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