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Judge Rules that New DACA Applications Must Be Accepted

New York DACA Application

New York DACA Application Assistance

Federal Judge Paul Grimm of the US District Court for the District of Maryland ruled that program for Deferred Action for Childhood Arrivals – commonly known as DACA – must be restored to its “pre-September 5, 2017 status.”  This Obama-era program had shielded undocumented immigrants who came to the US as children from deportation and afforded them work authorization and the possibility to travel.  Although the Trump Administration has tried to end the program significant litigation has ensured.  The courts had determined that those individuals previously granted DACA must continue to receive the relief and the Supreme Court ruled that DACA was ended inappropriately.  Although the Supreme Court indicated that the program should be open to new applicants, the USCIS refused to accept applications from applicants who had not been previously granted DACA.

This new decision, signaling that the USCIS must accept new qualified applications, opens the way for thousands of DACA eligible young immigrants who previously were failed or were unable to apply to now be eligible for DACA relief.  As a result,DACA will now be open to qualified immigrants who had not previously applied.

On June 15, 2012, former Secretary of Homeland Security Janet Napolitano issued a memorandum entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” creating a program permitting qualified individuals who came to the United States as juveniles and meet several criteria—including lacking any current lawful immigration status—to request consideration of deferred action for a period of two years.  This status afforded those in such status to be eligible for work authorization and travel authorization and protected against deportation for those qualified. Hundreds of thousand young people applied under the program.

Following the Trump Administration attempts to end the Deferred Action for Childhood Arrivals program, the Supreme Court last month ruled that the administration failed to provide a valid basis for ending the program.  Although advocates read the decision as reopening eligibility to applicants who had not previously filed for DACA relief, that administration refused to accept new applications.  Judge Paul Grimm of the US District Court for the District of Maryland ruled that DACA must be restored to its “pre-September 5, 2017 status,” meaning the status quo before President Donald Trump tried to terminate it.  This ruling will afford hundreds of thousands of DACA-eligible immigrants the opportunity to apply.

To be eligible for DACA, an applicant must entered the United States prior to the age of 16;  have lived in the United States since the enactment date of June 15, 2007 and must have been younger than 31 on the date of enactment.  Certain crimes disqualify applicants from the relief.

The administration has been trying to stop the program since Trump came into office and could reissue Executive Orders attempting to again end the program, like it did in 2017.  The courts have required, however, that it  prove that the process was properly considered and new attempts to end the program would likely face legal challenges.

New York DACA Application Lawyer

If you would like more information or wish to apply, please reach out to us.  We can be contacted by phone at (212) 944-9420, by text at (646) 494-2614 or by email at info@oltarsh.com.