URGENT ALERT: Federal Judge Reinstates New Applications Under DACA

On Tuesday, a Washington, D.C., federal court ruled that the Trump administration failed to adequately explain its September 2017 decision to end the Deferred Action for Childhood Arrival program, known as “DACA,” and ordered that the government begin accepting new DACA applications.  This will provide people who did not file timely applications another opportunity to receive protection from deportation as well as work authorization under DACA.  However, the judge issued a temporary stay on the order, giving the government 90 days to provide a better explanation for its actions.

In a 60-page memorandum, U.S. District Court Judge John D. Bates described the decision to end the program as “arbitrary and capricious” and stated that “each day the agency delays is a day that aliens who might otherwise be eligible for initial grants of DACA benefits are exposed to removal because of an unlawful agency action.”  Judge Bates is now the third judge to rule against the current administration’s plan to end the DACA program, but the first to issue an order requiring the acceptance of new applications; previously, courts had only ordered that renewal applications be processed.

The NMM Immigration Blog will continue to follow this story as it develops.  If you believe you or a family member or friend may be eligible for DACA or have questions about the program, please consult an experienced immigration attorney as soon as possible.  If you have any questions about this post or other immigration matters, feel free to contact me at wcmenard@nmmlaw.com.