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Federal Court Orders Restoration of Additional DACA Provisions

On Tuesday, April 24, 2018, a District of Columbia federal District Court judge issued an order vacating the decision to rescind the DACA (Deferred Action for Childhood Arrivals) program and requiring the Department of Homeland Security (DHS) to continue to accept and process both new and renewal DACA applications. In doing so, the Court found fault with DHS’s offered justification for rescinding DACA – that the program was unlawful – without further explaining a legal basis for the agency’s conclusion.  

The Court stayed its order for 90 days, giving DHS an opportunity to better explain its rescission decision. If DHS does not articulate a valid reason for rescinding DACA within 90 days, the DACA program will be restored in its entirety. Although two earlier preliminary injunctions require DHS to continue accepting and processing DACA renewals, this most recent order, if it becomes effective, will permit the filing of new applications for DACA benefits, where only renewals are currently being processed.  

If the original DACA program is restored in 90 days, DHS will be required to resume accepting initial DACA applications and related applications for advance parole.

We will provide further updates as this issue continues to be litigated in the courts. In the meantime, please contact your Mintz Levin immigration attorney with any questions. 

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Maryanne Kline

Practice Group Associate

Maryanne Kline is a Practice Group Associate at Mintz. Her practice focuses on US federal immigration law, with a concentration on business-based immigration issues. Maryanne counsels clients on issues related to hiring foreign nationals, executives, managers, and other workers.