Filing DACA Applications in the Wake of Federal Court Rulings

Submitted by micol on Wed, 09/05/2018 - 08:51

UPDATE FROM AUGUST 31, 2018

In an August 31, 2018 opinion, the U.S. District Court for the Southern District of Texas declined to issue a preliminary injunction that would have halted the processing of DACA renewal applications. This order means that there are no new changes to the DACA program at this time. It is still being implemented on the terms of the prior court rulings discussed below.
The case, Texas v. Nielsen, is a lawsuit brought by seven states challenging the legality of the DACA program and requesting a nationwide injunction to block any DACA grants or renewals going forward. Declining to grant the injunction, Judge Hanen stated “that the States had delayed seeking this relief for years, that the balance of private interests fell in favor of the denial of the requested relief, and that implementing the relief at this point in time was contrary to the best interests of the public.” The decision specifically references other court injunctions that keep the DACA program partially in place until a final decision is reached, and says that issuing an immediate, opposing injunction would “upset the balance.” However, Judge Hanen also stated that the plaintiffs "have clearly shown" that DACA is likely unlawful, and certified his opinion for appeal to the Fifth Circuit.
Clients who want to renew their DACA should submit their applications to USCIS as soon as possible.

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