On Tuesday, April 24, 2018, a federal judge ruled that the Trump administration’s reason for ending the Deferred Action for Childhood Arrivals (DACA) program was “arbitrary and capricious.” Judge John Bates of the U.S. District Court for the District of Columbia ruled that the Department of Homeland Security (DHS) did not have a valid reason for terminating the program. DHS now has ninety (90) days to explain why it rescinded DACA. Otherwise, it must begin accepting and processing new DACA applications.
If you were previously granted DACA, you can and should renew as soon as possible, after consulting with an attorney.
If you have never been granted DACA protection, you should not file a new application at this time. If DHS makes a successful argument to the Court, then it does not have to process any new applications. However, if DHS is unable to explain within the next ninety (90) days why it is justified in rescinding the program, then new DACA applications must be processed in accordance with the Judge’s order.
We will be monitoring this decision very closely. If you have any questions regarding your eligibility for DACA, please call our office.