By Stephen Dinan – The Washington Times – Tuesday, February 13, 2018
A federal judge in New York ruled Tuesday that the government must fully restart the Obama-era DACA deportation amnesty and accept brand new applicants as well as renewals, throwing a potential wrench in the ongoing debate over the fate of “Dreamers” on Capitol Hill.
Judge Nicholas G. Garaufis said the administration does have the power to revoke DACA, but it must give a sound reason for doing so — and the Homeland Security Department’s September 2017 rationale fell far short of what is required in that regard.
He becomes the second judge to rule President Trump’s aides bungled the phaseout — but his decision is the most wide-ranging, ordering the government to not only allow those already in the program to renew their applications but also ordering the government to accept new applications.
“The question before the court is thus not whether defendants could end the DACA program, but whether they offered legally adequate reasons for doing so,” wrote Judge Garaufis, a Clinton appointee to the court. “Based on its review of the record before it, the court concludes that defendants have not done so.”
The judge said the Trump administration can still rescind the program in the future if it does it the right way.
And he said the administration doesn’t have to approve any specific DACA applications. But it must begin to process applications again.
#DACA was slated to end on March 5, 2018 but the U.S. District Court recently issued an injunction to prevent #DACA termination. Nearly 700,000 young immigrants who have no legal status in the U.S. benefit from #DACA and have valid employment cards so they can work and attend college. All DACA recipients have no criminal history and are law abiding young immigrants who entered the U.S. under the age of 15.
The Trump administration announced on September 5, 2017 the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA) that was initiated by President Obama. The Trump administration has indicated a willingness to provide some protection to young immigrants but in exchange he wants to end #ChainMigration (or legal family immigration filed for brother/sister, parents and children over age 21). To date, no legislation has been introduced or passed extending DACA or ending chain migration.
However, as of January 13, 2018, due to a U.S. District Court decision, U.S. Citizenship & Immigration Services (USCIS) has resumed accepting requests to renew a grant of deferred action under #DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.
Individuals who were previously granted deferred action under DACA may request renewal (more…)
Jan. 13, 2018, Update: Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.
Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D (PDF), Form I-765 (PDF), and Form I-765 Worksheet (PDF), with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the instructions to the Form I-821D (PDF) and Form I-765 (PDF). USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. USCIS will not accept or approve advance parole requests from DACA recipients.
If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request. Please list the date your prior DACA ended in the appropriate box on Part 1 of the Form I-821D.
If you previously received DACA and your DACA expired before Sept. 5, 2016, or your DACA was previously terminated at any time, you cannot request DACA as a renewal (because renewal requests typically must be submitted within one year of the expiration date of your last period of deferred action approved under DACA), but may nonetheless file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions. To assist USCIS with reviewing your DACA request for acceptance, if you are filing a new initial DACA request because your DACA expired before Sept. 5, 2016, or because it was terminated at any time, please list the date your prior DACA expired or was terminated on Part 1 of the Form I-821D, if available.
Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. Further, deferred action under DACA does not confer legal status upon an individual and may be terminated at any time, with or without a Notice of Intent to Terminate, at DHS’s discretion. DACA requests will be adjudicated under the guidelines set forth in the June 15, 2012 DACA memo (PDF). (more…)
On January 11, 2018, A California federal judge issued a nationwide injunction to prevent the Trump administration from proceeding with its plan to roll back or end DACA (Deferred Action for Childhood Arrivals) program, allowing its beneficiaries to reapply for work authorization and deportation protection.
The Trump administration announced the move to end DACA program last September with a planned end for early March. DACA protected young undocumented immigrants who came to the US as children from deportation. The judge said a nationwide injunction was “appropriate” because “our country has a strong interest in the uniform application of immigration law and policy.”
“It is important to remember, however, this is temporary relief by a single federal district court judge, it should not take the pressure off of Congress to do the right thing and enact a permanent solution for these young people,” said Karen Tumlin, legal director of the National Immigration Law Center, which advocates for rights of immigrants.
On Sept. 5, 2017, the Trump administration announced the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA) that was initiated by President Obama. Nearly 700,000 young immigrants who have no legal status in the U.S. benefit from DACA and have valid employment cards so they can work and attend college. All DACA recipients have no criminal history and are law abiding young immigrants who entered the U.S. under the age of 15. The Trump administration has indicated that he is willing to provide some protection to young immigrants but he wants Congress to pass a bill into law. To date, no such legislation has been successfully passed into law and that is why President Obama executed an executive order implementing DACA. Below are common questions about the DACA expiration.
Questions about DACA/Employment Card Phase-out:
- Can I renew my DACA before it ends in March 2018? Yes, if your DACA expires between Sept. 5, 2017, and March 5, 2018, U.S. Citizenship and Immigration Services must receive your properly filed I-821D DACA renewal request on or before Oct. 5, 2017.
- What is my DACA expired before September 5, 2017 and I did not submit a renewal application? The DACA process is no longer available to you and you cannot file for renewal.
- What can I do is I lost my DACA employment card? You can file to replace your lost DACA employment card.
- What will happen to current DACA holders? Current DACA recipients will be permitted to retain both the period of deferred action and their employment authorization documents (EADs) until they expire, unless terminated or revoked. DACA benefits are generally valid for two years from the date of issuance.
- When DACA ends, will those cases be referred to ICE for enforcement/deportation? Information provided to U.S. Citizenship and Immigration Services (USCIS) in DACA requests will not be proactively provided to ICE and CBP for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice to Appear or a referral to ICE (such as criminal conviction or meeting other grounds for removal). This policy may be modified, superseded, or rescinded at any time.
- Can DACA recipients apply for advance parole to travel outside the U.S.? Effective September 5, 2017, USCIS will no longer approve any new Form I-131 applications for advance parole. USCIS will administratively close all pending Form I-131 applications for advance parole under standards associated with the DACA program, and will refund all associated fees.
- What is breakdown of DACA expiration due to DACA phase-out? From August through December 2017, 201,678 individuals are set to have their DACA/EADs expire. In calendar year 2018, 275,344 individuals are set to have their DACA/EADs expire. From January through August 2019, 321,920 individuals are set to have their DACA/EADs expire.
For more information on DACA expiration, contact Gail Law Firm:
Phone: 1-877-GAIL-LAW or 407-292-7730
FREE in-office consultation – FREE Live Chat
Copyright © Law Offices of Gail S. Seeram, 2017. All Rights Reserved.
On July 20, 2017, Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced the bill titled Dream Act of 2017 (S. 1615), which would provide young immigrants who were brought to this country as children and grew up, commonly known as Dreamers, in the United States the chance to apply for lawful permanent residence, if they meet certain requirements. A week later, two bills were introduced in the House of Representatives that would protect also Dreamers – the bipartisan Dream Act of 2017 (H.R. 3440), introduced by Ileana Ros-Lehtinen (R-FL) and Lucille Roybal-Allard (D-CA), and the American Hope Act, introduced by Nancy Pelosi (D-CA), Congressman Luis Gutierrez (D-IL) and the Congressional Hispanic Caucus.
#GailLaw welcomes these efforts and calls on both the Senate and House of Representative to pass legislation protecting Dreamers and to urge the Trump Administration to continue the Deferred Action for Childhood Arrivals (DACA) program until a more permanent solution is in place for these young immigrants. Currently DACA is under attack (more…)
Washington Post reports that attorneys on behalf of Juan Manuel Montes Bojorquez, a 23-year-old DACA recipient, filed a lawsuit under the Freedom of Information Act on Tuesday demanding that the federal government turn over all information about his sudden removal from the United States in February 2017. Montes was stopped by a Border Patrol agent while walking to a taxi station in Calexico, California; having accidentally left his wallet in a friend’s car, he had no identification on him. Hours later, immigration officials walked Montes across the border, leaving him in Mexico. The case heightens existing concerns that DACA recipients are now being targeted for deportation, despite President Trump’s pledges to “show great heart” toward them.
Juan was brought to the United States by his family when he was 9 years old. He had graduated from high school and was working while finishing community college at the time he was picked up. He was nearly finished with his welding degree.
DACA recipients come forward, file paperwork, receive background checks, and pay fees. In exchange, they receive work authorization and a promise that the federal government will not summarily deport them. We don’t know what happened to Juan Manuel, but we are deeply concerned that his basic rights have been violated. (more…)
The Fifth Circuit Court of Appeals upheld the preliminary injunction that temporarily halted President’s Obama Immigration Action that provided deferred action initiatives such as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA). Both initiatives that were part of Obama Immigration Action on November 2014 would have provided as many as 5 million immigrants with temporary relief from deportation. The decision today means that the initiatives remain suspended. (more…)
Yesterday, lawyers for the Justice Department filed an emergency motion to lift the injunction blocking the President Immigration Action because it violates the separation of powers under the U.S. Constitution. In the legal brief, lawyers for the Justice Department argue that the injunction by Judge Hanen “offends basic separation-of-powers principles, impinging on core executive functions concerning the exercise of discretion in the complex task of enforcing the immigration laws.” Since it is unlikely that the objections by the Justice Department will persuade Judge Hanen to lift his injunction on the President Immigration Action and allow the immigration programs to move forward, the government’s lawyers also filed a notice that they would appeal the judge’s overall ruling at the appeals court. (more…)
“This is not the first time where a lower court judge has blocked something or attempted to block something that ultimately is going to be lawful, and I’m confident that it is well within my authority.” – stated President Obama confident on immigration, after a federal judge in Texas ordered a halt to the president’s executive actions on immigration. President Obama confident on Immigration is defiant: “I think that the law is on our side and history is on our side, we are going to appeal it.”