Weighing the Risks and Benefits of a DACA Application

Deferred Action for Childhood Arrivals (DACA) currently provides protection against deportation and the benefit of employment authorization for certain individuals who entered the US as children. However, there are risks in filing, either as a renewal or initial application, since DACA’s status is uncertain.  There are pending lawsuits challenging the Trump Administration’s announcement that it READ MORE

A Brief History of Deferred Action for Childhood Arrivals (DACA)

A federal court in Washington D.C. ruled that USCIS must accept new and renewal applications under Deferred Action for Childhood Arrivals (DACA). It held that the Trump administration’s rescission of DACA in March 2018 was arbitrary and capricious.  However, the court did suspend its order for 90 days to give USCIS time to explain the READ MORE

Supreme Court Rejects the Trump Administration’s Request to Bypass Court of Appeals. Dreamers May Continue to Renew Their Cases.

On Monday, February 26, 2018, the Supreme Court declined to entertain the Trump Administration’s request to circumvent the Ninth Circuit Court of Appeals and to intervene in the DACA (Deferred Action for Childhood Arrivals) litigation.  The Trump Administration had digressed from the usual practice of seeking an appeal to the next highest court and instead READ MORE

USCIS Announces the Resumption of DACA Renewal Processing

On January 13, 2018, based on a Federal court order, USCIS announced that it will resume the processing of DACA renewals. DACA policy will operate pursuant to the same terms as those that were in place before September 15, 2017, when it was rescinded. It should be noted that the Trump administration is considering litigation READ MORE

A Divided Supreme Court Shields Trump’s DACA Documents

By a five to four vote, the US Supreme Court held that that Trump administration can temporarily shield documents regarding its decision to rescind the Deferred Action for Childhood Arrivals (DACA), a program that protects some 800,000 young undocumented immigrants from deportation. The Supreme Court will hear further arguments in the matter. The decision arose READ MORE

DACA Rescinded as of March 5, 2017

The Trump administration has terminated Deferred Action for Childhood Arrivals (DACA) as of March 5, 2017. It will reject all new applications for DACA status as of today but will process applications that have been filed as of today (the date of the official USCIS memo). USCIS’s official “Memorandum on Rescission of Deferred Action for READ MORE

Request in Federal Court to Dismiss Challenge to DACA by Texas

The Mexican American Legal Defense and Educational Fund (MALDEF) filed a motion in the US District Court for the Southern District of Texas to dismiss a threat by the State of Texas to amend its lawsuit against DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) to include a belated challenge against Deferred READ MORE