DACA in Limbo Again

Last week, a district court in Texas ruled that the DACA (Deferred Action for Childhood Arrivals) program was unlawfully created, in violation of the Administrative Procedures Act.

What does this mean for me?

If you are currently in DACA status, then you can hold on to that status. You can also apply to renew it. We expect that you will be able to apply for and receive advance parole as well (although this is not certain).

However, the Texas court enjoined the approval of new DACA applications. While the government can still accept them, it is barred from approving them at this time. So, if you are eligible for DACA but have not yet submitted an application, or you have a DACA application currently pending, then your application can not be approved unless the ruling is overturned.

What does this mean moving forward?

The government has stated that they will appeal the district court's ruling. That means that a higher appellate court could possibly overturn it, allowing new DACA applications to be approved again. For now, we will have to wait and see.

If you are currently in DACA status or are eligible for DACA, you may also be eligible for other immigration benefits, such as permanent residency (a green card) through marriage to a US citizen. Contact us today at theteam@huwelaw.com or 415-496-9040 to learn more.