Last Update Monday, September 17, 2018 3:19 p.m.
It has been one year since the current federal administration announced the end of DACA. Federal courts around the country had made various decisions on DACA throughout the year. Here is a summary of what happened:
- On January 9, 2018, a federal judge from San Francisco ruled that U.S. Citizenship and Immigration Services (USCIS) must resume accepting DACA renewals nationwide but not initial DACA application nor advance parole. The federal government is appealing this judge’s decision at the U.S. Court of Appeals for the Ninth Circuit Court, which includes the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
- On February 13, 2018, a federal judge from New York also ruled that USCIS must resume accepting DACA renewals but not initial DACA application nor advance parole. The federal government is also appealing this decision at the U.S. Court of Appeals for the Second Circuit Court, which includes the states of Connecticut, New York and Vermont.
- On April 24, 2018, a federal judge from Washington, DC originally ruled that USCIS must restart the DACA program entirely including initial application and advance parole. However, the judge halted part of his decision on August 17, 2018 and did not require USCIS to accept initial DACA application nor advance parole. The federal government is currently appealing this case at the U.S. Court of Appeals for the District of Columbia Circuit Court.
- On August 31, 2018, a federal judge from Texas also ruled that USCIS may continue to accept DACA renewals However, he indicated in his decision that the states challenging the DACA program could ultimately win their case at appeal. If the Texas judge ultimately cancels the DACA program, it may be appealed at the U.S. Court of Appeals for the Fifth Circuit Court, which includes the states of Louisiana, Mississippi, and Texas.
- Please continue to renew your DACA if your DACA had expired or will expire within the next 120 days.
- Do not submit any initial DACA application if you have never had DACA before.
- Do not submit any advance parole request.
- Please consult with an experienced immigration attorney to discuss other immigration benefits as soon as possible if you have not already done so.
The Office of Immigrant Affairs will continue to monitor this situation and advise you accordingly. For more information or questions please contact our office at (800) 593-8222.