DACA Program Fully Restored by Federal Judge

Late last Friday, a federal judge in New York issued a ruling directing the Department of Homeland Security (DHS) to fully restore Deferred Action for Childhood Arrivals (DACA) to the state it existed in prior to the Trump administration’s attempt to end the program.  The ruling would reopen the program to new applications and extend the length of work permits back to two years.  U.S. District Judge Nicholas G. Garaufis ordered DHS to post a public notice today reflecting the ruling.  At the time of this posting, DHA has not yet issued the notice.

** UPDATE **

The DHS notice regarding the DACA ruling can be found here.

DHS is complying with the court ruling.

See the full news story here.

Immigration advocates expected the incoming Biden administration to restore the DACA program soon after being sworn into office, but this court ruling could accelerate the process.  DACA was enacted in 2012 with the goal of providing young undocumented immigrants brought to the country as minors deportation protection and work permits.  About 640,000 young immigrants currently receive DACA protections, but an estimated 300,000 more may become eligible when new applications are again being considered.  New DACA applications have not been accepted since the Trump administration attempted to end the program beginning in 2017.

The DACA program has been the subject of numerous court cases and policy changes over the past few years.  Even with all of the turmoil, immigration advocates believe that seeking protections under DACA is a wise move for anyone who is eligible.  When initial applications are again being accepted, DACA protections will become available to anyone who meets the eligibility criteria:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Immigration laws are poised for many changes over the coming months.  The Law Offices of Scott Warmuth has been helping immigrants to the United States for more than 36 years now.  Our team of immigration experts and attorneys will be monitoring any potential developments in immigration law, all with the goal of providing the best possible service to our clients.  We offer free initial consultations, so call 888-517-9888 today and tell us about your immigration goals.  We can help.

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