#ImmigrationWatch2018 | #Update to Topic #1: DACA | D.C. Circuit Court Orders DHS to Resume Accepting Initial DACA Applications in 20 Days or Appeal

#ImmigrationWatch2018

On April 24, 2018, the D.C. District Courtgave the Trump Administration 90 days to provide a better explanation of the decision to end the Deferred Action for Childhood Arrivals (DACA) program. The Court further stated that if the government did not provide an adequate reason at the end of the 90-day period, it would rule that the decision by the Department of Homeland Security (DHS) to terminate DACA was arbitrary and capricious, and thus DHS would be ordered to resume the DACA program in full (i.e., to start accepting initial DACA applications again, along with the renewal applications that are still being accepted.)

On Friday, August 3, 2018, the D.C. District Court ruled that the additional memo submitted by DHS was insufficient and did not adequately explain the agency's determination that the DACA program is unlawful. This is a BIG WIN for DACA supporters and especially those who are hoping to apply for DACA for the first time.

The government has 20 days to decide if they are going to appeal this decision. If no appeal is taken in 20 days (from August 3, 2018), DHS must resume the DACA program in full across the nation. This means it will continue to accept renewal applications AND must resume accepting initial applications.

BUT KEEP IN MIND...there is still pending litigation in other courts that can have an effect on the DACA program, including a lawsuit filed by several states in a Texas Federal Court that claims DACA is unconstitutional. An adverse ruling in another court would mean that a potential showdown over the fate of DACA is likely to end up in the Supreme Court of the United States.

For now, provided there is no appeal taken from the D.C. District Court's ruling, the DACA program should be reinstated in full on August 23, 2018. Check back here for additional updates on DACA.

Do not wait to find out if DACA will stay in place. Contact us today to find out if there is a path to legal immigration status for you!

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