The Law Office of Robert J. Maher, P.C.

Immigration Blog

Update On DACA - Nationwide Injunction Obtained by CA Attorney-General

 USCIS has resumed accepting requests to renew a grant of deferred action under DACA, as of  January 13. 

What happened:

On January 9, 2018, the California Attorney-General, together with AGs from other states (Maine Maryland, and Minnesota), obtained a preliminary injunction in the District Court for the Northern District of California against the Trump Administration over its decision to end DACA. This ruling blocks the Administration’s rescission of DACA while hearings on the underlying legal aspects of the case continue. In short, it gives some of those who had been granted deferred action under DACA some breathing room until the underlying case is settled in the courts.

Who The Ruling Helps:

  • Individuals who were previously granted deferred action under DACA may request renewal of their status which expired on or after Sept 5, 2017. If your status expired before this date, you need to submit a fresh application. This will not be a renewal application but a new initial DACA request. Be careful of the distinction when filing your forms. 

Who The Ruling Doesn't Help:

  • The court ruling does not permit any fresh applications under DACA. Only renewals - per above - are permitted, subject to the USCIS' response to the injunction.
  • Individuals seeking advance parole -- USCIS will not accept or approve advance parole requests from DACA recipients. 

If you are impacted by the above, and would like to renew your DACA status if you qualify, please reach out to me. The outcome of the underlying case on DACA remains uncertain and could impact what USCIS currently permits under the injunction obtained on January 9, 2018.

Which means that the sooner you act, the better it is for you.

 

. . . . 

Joan Foo