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.
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.
A Pathway to Citizenship for Dreamers?
Deferred Action for Childhood Arrivals, or DACA, is a means of getting employment authorization for many in your situation. However, it is not a pathway to permanent residency (a "green card") or US citizenship.
Are you an undocumented "Dreamer" who was brought into the US as a child?
Deferred Action for Childhood Arrivals, or DACA, is a means of getting employment authorization for many in your situation. However, it is not a pathway to permanent residency (a "green card") or US citizenship. Currently there is no such pathway, independent of potential sponsorship by an immediate relative. The Dream Act of 2021 is meant to change that.
Last Thursday, February 4th, Senators Dick Durbin, D-Ill., and Lindsey Graham, R-S.C. introduced this bill in the US Senate. Similar legislation was first introduced in 2001. If passed into law, the bill would give some young, undocumented immigrants brought to the U.S. as children, assuming that they are able to pass certain background checks and are paying their taxes, a pathway to a green card and US citizenship.
It may be a while before we know whether the Dream Act of 2021 will become law. In the meantime, contact us at theteam@huwelaw.com or 415-496-9040 to see if you qualify for DACA or a green card through sponsorship by an immediate relative. We specialize in this area and would be happy to provide a free 15 minute consultation to see if we can help!
The Confusing State of DACA
Update from the Department of Homeland Security ("DHS") Acting Secretary Chad Wolf issued a memo…
UPDATE: As of December 7, 2020, to comply with a recent court order, DHS has restored DACA to its original form and is now accepting new DACA and advance parole applications. Please contact us today at theteam@huwelaw.com or 415-849-1199 for assistance!
On Tuesday, July 28th, Department of Homeland Security ("DHS") Acting Secretary Chad Wolf issued a memo instructing DHS to:
Reject all initial requests for DACA and associated applications for Employment Authorization Documents,
Reject new and pending requests for advanced parole absent exceptional circumstances, and
Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.
This announcement was made despite recent US Supreme Court and federal district court orders instructing the federal government to reinstate the DACA program as it was initially designed and to again accept DACA applications for initial applicants.
Due to the federal government's apparent defiance of these court orders, DACA is currently in a limbo state. Class action lawsuits have been brought on behalf of initial DACA applicants whose applications will now be rejected.
What does this announcement mean in practice?
If you are an initial applicant for DACA, or a DACA recipient who has recently applied for advance parole, your applications will likely be rejected and returned to you. Pending litigation may result in the applications eventually being accepted, but only time will tell.
If you are in this situation, you may have other options under immigration law. Contact us at theteam@huwelaw.com or 415-849-1199 to find out if we can help.
