Dreamers May Need to Wait Until June 2018 for Updates on DACA
Houston, TX (Law Firm Newswire) April 9, 2018 – Although the Deferred Action for Childhood Arrivals (DACA) program was set to expire on March 5, DACA recipients, also known as Dreamers, may not be leaving the country just yet.
The DACA program has permitted some individuals who came into the United States illegally as minors to apply for a renewable two-year deferred action period protecting them from deportation and allowing them to obtain work permits.
In September 2017, President Trump issued an executive order directing the Department of Homeland Security (DHS) to stop renewing DACA permits, starting March 5, 2018. This executive order stands to impact approximately 700,000 Dreamers if/when the program ends.
In response to that executive order, the University of California opted to sue the DHS on behalf of 4,000 students, stating that administrative procedures were not properly followed. The court ultimately agreed and on January 10 a California Federal District Judge temporarily blocked the government’s efforts to terminate DACA and ordered the administration to start taking DACA renewal applications once more.
On January 18, the Trump administration, in a move to bypass the usual appeal route, appealed the Federal District Judge’s ruling directly to the Supreme Court. The Supreme Court is deciding whether or not to hear the case. If they do decide to proceed, a process referred to as “certiorari granted sub nomine” (judicial review granted, under name) would begin. It is expected that the earliest ruling would likely be handed down this June. On the other hand, if the Supreme Court refuses to hear the case, the appeal would then have to be heard by the 9th Circuit Court of Appeals.
Until the Supreme Court or the Court of Appeals deliver a verdict, the lower court’s ruling blocking the executive order stands and the earliest date for any changes to DACA are expected to start in June.
“Those in the DACA program have no idea what is going to happen next, how this change of policy is going to affect them, what they will do if they are deported back to a country they no longer know and how they will cope with losing their ‘dream,’” said respected Huston immigration lawyer, Annie Banerjee. “If you are wondering how the possible termination of DACA may affect you, it is best to discuss your situation with an experienced immigration attorney.”