Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
President Trump announced the end of DACA more than two years ago. Due to litigation, it is still in effect, and now the Supreme Court will have the final word. The Supreme Court heard arguments yesterday on 1) whether federal judges are able to review DACA, and 2) whether the way Trump went about ending DACA violated the law. The government argued that ending DACA falls within normal discretion, while plaintiffs argued the government’s ending of DACA violates the Administrative Procedure Act. The justices seemed split, though many justices kept their feelings close to their chest. A decision can be expected by summer.
Filed under: best deportation attorney | Tagged: childhood arrivals, DACA, Supreme Court | Leave a comment »
Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Tuesday, November 12, the Supreme Court will hear arguments on the administration’s decision to terminate DACA, the program that shields certain immigrants who were brought to the United States as children from deportation.
Filed under: best deportation attorney | Tagged: DACA, deferred action, Supreme Court, ussc | Leave a comment »
Posted on July 1, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CNBC reports that the Supreme Court announced that it will hear arguments over the legality of the Trump administration’s decision to terminate DACA.
Filed under: best deportation attorney | Tagged: DACA, deferred action, supreme court arguments on daca | Leave a comment »
Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court issued an opinion affirming the district court’s January 9, 2018, entry of a preliminary injunction requiring DHS to adjudicate renewal applications for existing DACA recipients.
Filed under: best deportation attorney | Tagged: DACA, deferred entry, ending daca, injunction against daca | Leave a comment »
Posted on September 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Friday, August 31, 2018, a district court judge in Texas declined to issue a preliminary injunction halting DACA.
Filed under: best deportation attorney | Tagged: DACA, deferred action, renewing DACA | Leave a comment »
Posted on August 28, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
While there cannot be any new applications at this time, there can still be applications that can be renewed. Thus, be sure if yours needs renewal to get it filed asap.
Filed under: best deportation attorney | Tagged: DACA, DREAM Act, renewal daca | Leave a comment »
Posted on May 16, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A group of DACA recipients filed a motion to intervene in a lawsuit challenging the DACA program that was filed by Texas and six other states earlier this month, arguing that their interests are not represented in the case, given the plaintiff states and the defendant, the federal government, all oppose the DACA program.
Filed under: best deportation attorney | Tagged: DACA, deferred action, lawsuit for daca | Leave a comment »
Posted on January 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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?
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.
Filed under: best deportation attorney | Tagged: DACA, deferred action, federal judge ruling on daca | Leave a comment »
Posted on January 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A District court order in Regents of the University of California v. DHS, which directed DHS to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the September 5, 2017, rescission of DACA, including allowing DACA enrollees to renew their enrollments, with certain exceptions.
Filed under: best deportation attorney | Tagged: DACA, judges daca ruling, trump | Leave a comment »
Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The New York Times reports that a 10-year-old girl with cerebral palsy has been detained by federal immigration authorities in Texas after she passed through a Border Patrol checkpoint on her way to a hospital to undergo emergency gall bladder surgery. The girl, Rosamaria Hernandez, who was brought to the United States without documentation to live in Laredo, Texas, when she was three months old, was being transferred from a medical center in Laredo to a hospital in Corpus Christi around 2:00 am on Tuesday when Border Patrol agents stopped the ambulance she was riding in. The agents allowed her to continue to hospital but followed the ambulance the rest of the way there, then waited outside her room until she was released from the hospital.
DACA Attorney
DACA immigration attorney
DACA meaning
Immigration DACA
Filed under: DACA | Tagged: border patrol agents, DACA, Detention, ICE, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 