DACA Update 8/9/2018Posted on Thursday, August 9, 2018
The last week has been an eventful week for DACA, as two different hearings were held in federal court:
First, on August 3, 2018, a federal judge from the District of Columbia ordered the federal government to fully restore the DACA program. According to this order, the federal government must begin accepting initial DACA applications as well as renewal applications. However, the judge has given the government 20 days to appeal, so the order will not go into effect until August 23, 2018. At that point, the government must begin accepting initial DACA applications, unless they appeal the decision, which we expect them to do. Please note that at this time, no initial DACA applications will be accepted, and nothing has changed about the implementation of the DACA program.
Second, on August 8, 2018, a Texas judge held a hearing about whether the DACA program should be cancelled entirely (either temporarily or permanently). In that lawsuit, the state of Texas and six other states sued the federal government to completely end the DACA program. They argue that DACA itself, as created by the Obama administration, was illegal and must be ended. At that hearing, the judge did not make a final decision, but requested that additional briefs be submitted no later than Monday, August 13. At that point, the judge will decide whether to allow the DACA program to continue or whether he will order that it be cancelled.
Please note that at this time, DACA renewals are still being accepted, but initial DACA applications are not. If you have not yet renewed your DACA and you are eligible, we recommend that you do so as soon as possible, in case the program is cancelled in its entirety. To discuss your case with a Chicago based immigration attorney, please feel free to contact us at (847) 763-8500.