Federal Judge Orders That DACA Must Be Restored

Great news for individuals with DACA or who qualify for DACA. A second federal judge has ruled against the Trump administration. However, the new order goes further, restoring the DACA program to its original state.

“A federal judge in New York ruled Tuesday that the government must restart the Obama-era Deferred Action for Childhood Arrivals deportation amnesty, adding more weight to the legal case against President Trump’s phaseout of the program just as Congress is debating the fate of “Dreamers” on Capitol Hill.

“Judge Nicholas G. Garaufis said the administration does have the power to revoke DACA, but it must give a sound reason for doing so — and the Homeland Security Department’s September 2017 rationale fell far short of what is required in that regard.

“He even used Mr. Trump’s own tweets as evidence that the DACA program was ended precipitously, pointing to President Trump’s claims that he could “revisit this issue” as proof the program could have been continued.”

Read more at the Washington Times: https://www.washingtontimes.com/news/2018/feb/13/court-orders-full-restoration-daca-program/

USCIS has updated their website with instructions pertaining to the new order. The service will continue to accept renewal applications for DACA, however, they unfortunately will not accept new applications from individuals who never were granted DACA in the past.

There is no certainty that the decision will be permanent, so applicants should proceed with caution. Please call our office to speak with an immigration attorney prior to filing any application at 602-314-4333.