Many of our consultations lately have revealed that the all too predictable result of this administration's abrupt end to the DACA program is mass confusion. The success of recent court challenges has been heartening; however, the nature of legal injunctions is a difficulty in being sure whether you are still eligible. Therefore, today we’d like to give everyone some updated information. First, the nationwide injunction requiring USCIS to continue accepting and processing DACA renewals is still in place. Thousands of eligible DACA holders, including many ZLG clients, have successfully renewed their DACA status. If your DACA status will expire in the next 180 days, you should consult an attorney without delay and seek to renew your status.
For people who have never held DACA status, or had their status revoked, the future is much less clear. On April 23, 2018, a judge in D.C. ruled that the government must begin accepting initial applications again with a 90 day delay to allow the government to show good cause to avoid the ruling. Unfortunately for those who have been patiently waiting, that same judge indefinitely extended the timeline after the filing of numerous suits challenging the DACA program entirely. The future of this case is unclear, but it is possible that the court will allow its ruling to go into effect later this year. If you do not have DACA, but think you may be qualified in the future, please keep up to date with the news and consult an immigration attorney with any questions.
Finally, there are several lawsuits that have been recently announced from a variety of groups seeking to protect, dismantle, or tweak the program. It is impossible to assess the impact of these cases as they work their way through the legal process, but the bottom line is that the current state of DACA is uncertain. Do not assume that something that is available today, will be available tomorrow. In the meantime, for those who do not directly benefit from the program, but want to be considered allies, please consider continued pressure on congress for a legislative fix. Make sure that your representative knows your position on DACA, and if you are unable to persuade them, then find someone who will and support them with your vote. The courts are picking up where congress refuses to act, but as we saw with the travel ban, a favorable court ruling one day can be overturned the next.
For people who have never held DACA status, or had their status revoked, the future is much less clear. On April 23, 2018, a judge in D.C. ruled that the government must begin accepting initial applications again with a 90 day delay to allow the government to show good cause to avoid the ruling. Unfortunately for those who have been patiently waiting, that same judge indefinitely extended the timeline after the filing of numerous suits challenging the DACA program entirely. The future of this case is unclear, but it is possible that the court will allow its ruling to go into effect later this year. If you do not have DACA, but think you may be qualified in the future, please keep up to date with the news and consult an immigration attorney with any questions.
Finally, there are several lawsuits that have been recently announced from a variety of groups seeking to protect, dismantle, or tweak the program. It is impossible to assess the impact of these cases as they work their way through the legal process, but the bottom line is that the current state of DACA is uncertain. Do not assume that something that is available today, will be available tomorrow. In the meantime, for those who do not directly benefit from the program, but want to be considered allies, please consider continued pressure on congress for a legislative fix. Make sure that your representative knows your position on DACA, and if you are unable to persuade them, then find someone who will and support them with your vote. The courts are picking up where congress refuses to act, but as we saw with the travel ban, a favorable court ruling one day can be overturned the next.
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