US: Federal District Court orders DHS to partially resume the DACA program

Jan 18
12


In brief

On January 9, 2018, a federal district court judge issued an order directing the Department of Homeland Security (DHS) to resume accepting renewal applications from Deferred Action for Childhood Arrivals (DACA) beneficiaries. This order does not apply to new applicants who have never applied for DACA and all DACA-related Advance Parole applications.

Background

On September 5, 2017, the Trump Administration announced its plans to terminate the DACA program on March 5, 2018. United States Citizenship and Immigration Services (USCIS) would reject any initial DACA requests received after September 5, 2017 and would only process renewal DACA applications received on or before October 5, 2017 for DACA recipients whose benefits would expire between September 5, 2017 and March 5, 2018. (see prior alert)

Despite repeated efforts, Congress has yet to reach a deal on the continuation of DACA. On January 9, 2018, a federal district court judge issued an order directing DHS to partially resume the DACA program. As part of the order, the DHS is required to “maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission on September 5, 2017” except with regards to applicants who have never applied for DACA and all applications for Advance Parole based on DACA. The DHS does not have to process applications relating to those two exceptions.

As part of the district court’s order, the DHS is required to post “reasonable public notice that it will resume receiving DACA renewal applications” and “prescribe a process” for accepting renewal applications. As of January 11, 2018, there have not been any further updates from DHS beyond noting that “more information is forthcoming”.

The Trump Administration has announced its intentions to appeal the ruling and could ask an appellate court to issue an emergency stay of the district court’s order. If a stay is granted, the DHS would not have to abide by the district court’s order.

Recommendations

In light of uncertainties on when and how the DHS will resume accepting renewal DACA applications, we recommend waiting to file DACA-based EAD extension applications until there is clearer guidance from the DHS.

For current DACA recipients, we recommend that they avoid international travel even with valid Advance Parole document. While the DHS has indicated they will honor the validity period for previously approved Advance Parole documents, Customs and Border Protection (CBP) has indicated Advance Parole does not guarantee admission into the US. Also, the DHS may revoke or terminate a grant of Advance Parole at any time.

PwC continues to monitor this matter and will be sure to update you as changes occur.

For further details regarding DACA or any other immigration matters, please contact a member of our team at PwC Law LLP.


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