Litigation On DACA Rescission: What We Know

DACA or Deferred Action for Childhood Arrivals was announced by President Barack Obama on June 15,2012, and implemented by then Secretary of Homeland Security Janet Napolitano. The policy enabled people who came to the United States before the age of 16 to apply for “deferred action” and work permit.

On January 9, 2018, the federal district court for the Northern District of California issued a nationwide preliminary injunction and ordered DHS to continue the DACA program.

On January 13, 2018, the United States Citizenship and Immigration Services issued “Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction.” According to the announcement, USCIS has resumed accepting requests to renew a deferred action under DACA. USCIS will also maintain the terms of DACA as it was in place before it was rescinded on September 5, 2017.

On February 13, 2018, the federal district court for the Eastern District of New York issued a similar nationwide injunction prohibiting DHS from moving forward with the DACA rescission. The court considered many of the same factors and arguments discussed in the California case, and agreed with the California court’s conclusions of fact and law

The Supreme Court on Monday rejected the Trump administration’s highly unusual bid to bypass a federal appeals court and get the justices to intervene in the fate of a program that protects hundreds of thousands of young immigrants from deportation. What this means is that the case affecting “Dreamers” will have to work its way through the lower courts before any Supreme Court ruling is possible. The case could also become open to discussion if congress takes action in the meantime. Right now, however, efforts to address the issue in Congress have hit a stalemate.

USCIS is accepting renewal applications for people who came to the United States before the age of 16 to apply for “deferred action” and work permit.

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