Legal development regarding DACA

January 11, 2018

On January 9, 2018, a federal court in California issued a nationwide injunction partially blocking the rescission of the Deferred Action for Childhood Arrivals (DACA) program that was announced by the Trump administration on September 5, 2017.

This means that, as of now and unless and until another court stays or reverses the decision of the California court:

  1. It appears that individuals currently receiving DACA benefits but  missed the October 5, 2017 deadline for renewal applications may now again (at least temporarily) submit DACA renewal and associated Employment Authorization Document (EAD) requests to the appropriate agencies, potentially including beyond the March 5, 2018 deadline originally set by the administration as part of the rescission, and
  2. Current DACA recipients may be permitted to retain both the period of deferred action and their EADs until they expire, unless otherwise terminated or revoked.

It is important to note that the injunction does not permit the filing of new DACA applications – that is, if you currently do not receive DACA benefits you will be unable to file an initial application as a result of this ruling.

Additionally, it is anticipated that there will be continuing legal developments related to DACA and the cases currently pending before numerous federal courts.  As a result, students are encouraged to stay informed of any new changes in policy or court rulings, including any changes that may affect the California court’s January 9th ruling and its partial reinstatement of the DACA program.

The White House and Congress continue negotiations on the DACA program as well as other broad-ranging immigration and US border security matters. There may also be further litigation in the U.S. courts.  In the meantime, should you have questions about your DACA status and wish to consult an immigration attorney, please contact Student Legal Services for a confidential discussion and referral.  We will continue to monitor and post relevant information as it becomes available.

The foregoing is for informational purposes and does not constitute legal advice. Each individual case is different, and advice may vary depending on the situation. Further, the law and policy considerations are changing on a regular basis, and the information contained herein may not be updated as needed to maintain accuracy in a changing legal landscape. If you have questions about this or any other legal issue, you are advised to seek the advice of a qualified immigration attorney.