Posted on September 3, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On August 24, USCIS published an update clarifying DHS’ guidance on DACA. USCIS will reject all new DACA applications and limit renewals to one year. Existing two-year renewals will not be affected. Additionally, USCIS will reject DACA renewal applications received more than 150 days before the current DACA period expires; the agency clarified that applicants should file for a renewal between 120 and 150 days before their status expires. USCIS also included information on how it has limited advanced parole for DACA recipients to leave the country for urgent humanitarian reasons or a significant public benefit only.
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Posted on July 27, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
It is unclear if the Trump administration will comply with a judicial order to accept new DACA applications.
Last month, the Supreme Court held that the Trump administration improperly ended the DACA program, and that the program could continue. On July 17, a federal judge ruled that DACA must be restored to its full, “pre-September 5, 2017 status.” Despite the order, USCIS has said that it is currently reviewing the decision. It is unclear whether USCIS will begin accepting new DACA applications soon or if it plans to appeal the ruling. On Tuesday, several DACA recipients filed a lawsuit in New York federal court over the government’s refusal to process new applications after the Supreme Court ruling.
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Sunday, acting DHS Secretary Wolf told the press that President Trump will attempt to end DACA by the end of the year. The administration will go to Congress to find a solution, but is also looking into refiling its original proposal with a new rationale. The Trump administration will continue to renew visas for DACA recipients in the meantime.
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Last week, the Supreme Court ruled that President Trump’s attempt to end Deferred Action for Childhood Arrivals (DACA) was “arbitrary” and invalid, and the administration would need to go through the proper processes to end the program. On June 19, USCIS issued a statement in response to the Supreme Court’s decision. USCIS holds the position that the Supreme Court’s decision “has no basis in law” and only “delays” the end of the program. USCIS further said that DACA is not a “long-term solution,” and that Congress has the ability to reform immigration laws to allow for solutions for undocumented immigrants.
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Posted on June 9, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The past week has seen protests across the U.S. in response to George Floyd’s death and against police brutality and systemic racism. In some cities, the protests were accompanied by “riots” and “looting.” Across the U.S., some peaceful protesters have been arrested, tear-gassed, and shot with rubber bullets. Undocumented immigrants, including DACA beneficiaries, have had to grapple with these risks to protesting, in addition to the risk that an arrest could affect their immigration status. On Sunday, CBP acting Commissioner Morgan said that the agency was supporting law enforcement against “rioters,” but also said that the move was not meant to enforce immigration law. One DACA recipient and activist named Máxima Guerrero was arrested in her car while leaving a demonstration in Phoenix, and was in ICE custody for two days. After a large community outcry, she was released by ICE.
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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.
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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.
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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.
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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.
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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.
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