Filing DACA Renewal Applications in the Wake of the January 9, 2018 Federal Court Ruling

On September 5th, 2017 the Deferred Action for Childhood Arrivals (DACA) was rescinded by the Trump Administration. The University of California challenged this decision and requested that the court reconsider the application of the program. On January 9th, 2018 the court issued DACA to be partially maintained. The regulations of DACA will maintain unchanged prior to the termination of the program.

Individuals that have never applied for DACA will be unable to apply under the current provisions. Current DACA holders will be able to renew their DACA at this time. Applications for advance parole do not need to be continued, although the Department of Homeland Security may choose to adjudicate parole applications. Applicants may be removed from the program if they are seen as a risk to the public safety, or if they “deserve” to be eliminated. The government will continue to use their lawful discretion for the regulations and matters regarding DACA.

The Department of Homeland Security was previously instructed to post the current state of DACA along with guidance for those looking to renew their application. The only form of guidance that was posted as of January 10th, 2018 was on USCIS websites stating that more information would be disclosed shortly. Once thorough guidance is published, practitioners should follow the advisory steps provided by USCIS to renew their applicants DACA’s. Acting on the renewal without proper guidance may cause confusion for both parties along with a falsely filed renewal.

The current decision only affects those who already have DACA and need to renew it for the upcoming term. Those wishing to apply for DACA are still not permitted to do so at this time.

If you have any questions regarding the current state of DACA please contact Attorney Nicholas Mireles at NicholasMireleslegal@gmail.com.