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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Answer: On September 5, 2017, the Trump Administration rescinded the Deferred Action for Childhood Arrivals (DACA) program.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the DACA program on a nationwide basis, under the same terms and conditions that were in effect before the program was rescinded, with the following exceptions: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.

DACA District Court Ruling

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.

What is the U.S. coming to: 10-Year-Old Immigrant Is Detained After Agents Stop Her on Way to Surgery

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.

New York Times: As DACA Negotiations Drag on, a Judge in Brooklyn Could Intervene

The New York Times reports that President Trump’s laundry list of immigration demands threw a wrench into the fraught negotiations over finding a legislative solution to provide permanent protection for Dreamers. But if the Washington deal-making drags on too long, it could be disrupted by a different force: a federal judge in Brooklyn. Having found himself in a position to guide DACA’s fate because two linked lawsuits have landed in his courtroom, Judge Nicholas G. Garaufis has sternly warned policymakers that should they prove unable to repair the DACA program, he might have to step in.

McClatchy: Trump Aides Plot a Big Immigration Deal—That Breaks a Campaign Promise

McClatchy reports that a number of White House officials, including former and current White House Chiefs of Staff Reince Priebus and John Kelly, President Trump’s daughter Ivanka Trump, and Vice President Mike Pence, want the president to strike an ambitious deal with Congress that offers Dreamers protection in exchange for legislation that pays for the border wall, more detention facilities, legal immigration curbs, and the implementation of E-Verify.

Looks like very distinct possibility DACA will end.

On August 24, 2017, news outlets—including Axios and the Washington Post—reported that the Trump administration is considering ending the DACA program. Some information indicated that an announcement could be imminent. However, today, Elise Foley of The Huffington Post tweeted that a DHS spokesman said no decision would come today. AILA will continue to monitor the situation, and post updates as we receive them. AILA has issued statements calling for Trump to keep DACA in place and for Congress to pass the DREAM Act.

Bipartisan Dream Act Introduced in the House of Representatives

Representatives Ileana Ros-Lehtinen (R-FL) and Lucille Roybal-Allard (D-CA) introduced the House version of the Dream Act of 2017, which would provide young people who were brought to the United States as children the chance to apply for lawful permanent resident (LPR) status if they meet certain requirements. The Dream Act of 2017 was introduced in the Senate by Senators Dick Durbin (D-IL) and Lindsey Graham (R-SC) on July 20, 2017.

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