Last Friday, a federal judge in Washington D.C. ordered the Trump administration to continue processing renewal applications for the Deferred Action for Childhood Arrivals (DACA) program. The ruling of U.S. District Judge John D. Bates changes nothing for the time being. The Trump administration announced it was ending DACA last year, but the program has been kept alive by several court rulings. While not accepting new applications, the government has been processing renewals for several months.
A separate legal challenge to the constitutionality of DACA is currently in a Texas federal court. This lawsuit, rather than challenging the legality of the Trump administration’s decision to end the program, instead challenges DACA as a whole. The lawsuit was filed by seven states and is led by Texas Attorney General Ken Paxton. The judge overseeing this legal challenge, U.S. District Judge Andrew S. Hanen, previously blocked an Obama era executive order based on DACA. Should Judge Hanen rule in favor of Texas and the other plaintiff states, the government would have conflicting court orders. The issue of DACA would most likely move to the Supreme Court where it faces an uncertain future.
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Immigration advocates are urging DACA recipients to apply for renewals as soon as possible. DACA status allows certain young immigrants to live and work in the United States without fear of deportation.
The Law Offices of Scott Warmuth is an immigration law firm that helps DACA recipients seeking renewals and any immigrants seeking permanent residency in the United States. For a free legal consultation, call us today at 888-517-9888.