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Court Ruling Could Allow for New DACA Applicants

A federal judge ruled on Tuesday that the DACA program must remain in place for renewals and that the Department of Homeland Security must start accepting new applications.  Judge John D. Bates of the Federal District Court ruled that the administration’s decision to terminate DACA was based on the “virtually unexplained” grounds that the program was “unlawful.”   Judge Bates is giving the Department of Homeland Security 90 days to explain its reason for rescinding program last fall before it must start accepting applications.

The Obama administration established the DACA or “Deferred Action for Childhood Arrivals,” program to allow young, undocumented individuals to legally work in and remain in the United States.  More information regarding the DACA program can be found here or by contacting our office.

This most recent decision is the third ruling by a federal district court on the DACA program since the Trump administration sought to cancel the DACA program in 2017.  Judges in California and New York previously ruled against ending of the program for renewal applicants. Judge Bates’ decision is the first to include a ruling that DHS must review and accept new applications.

If you are eligible to become a DACA recipient and have not yet applied, contact our immigration attorney Paul Schultz. He can help you begin to gather the materials necessary to apply to the program should new applications begin to be accepted once the 90 day period has passed.  DHS is currently accepting DACA renewals, and Mr. Schultz can also help with that process. He can be reached by email ([email protected]) or by calling (215) 567-1530.

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