ARTICLE
26 April 2018

Federal Court Orders Restoration Of Additional DACA Provisions

M
Mintz

Contributor

Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
The Court stayed its order for 90 days, giving DHS an opportunity to better explain its rescission decision.
United States Immigration
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On Tuesday, April 24, 2018, a District of Columbia federal District Court judge issued an order vacating the decision to rescind the DACA (Deferred Action for Childhood Arrivals) program and requiring the Department of Homeland Security (DHS) to continue to accept and process both new and renewal DACA applications. In doing so, the Court found fault with DHS's offered justification for rescinding DACA – that the program was unlawful – without further explaining a legal basis for the agency's conclusion.  

The Court stayed its order for 90 days, giving DHS an opportunity to better explain its rescission decision. If DHS does not articulate a valid reason for rescinding DACA within 90 days, the DACA program will be restored in its entirety. Although two earlier preliminary injunctions require DHS to continue accepting and processing DACA renewals, this most recent order, if it becomes effective, will permit the filing of new applications for DACA benefits, where only renewals are currently being processed.  

If the original DACA program is restored in 90 days, DHS will be required to resume accepting initial DACA applications and related applications for advance parole.

We will provide further updates as this issue continues to be litigated in the courts.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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