Some Long Overdue Good News for DREAMERS (for now)
Over the weekend, USCIS made its announcement regarding the effect of U.S. District Court Judge William Alsup's decision on January 9, 2018 to effectively keep DACA in place as it is being litigated. This update only affects those individuals previously granted DACA. According to the announcement, DACA will resume operations in accordance with the terms that were in place before it was rescinded on September 5, 2017 (except for those differences outlined in the announcement and pending any future announcement) and applications will be adjudicated based on the guidelines from the June 15, 2012 DACA memo. Those individuals who were granted DACA and had their DACA expire on or after September 5, 2016, can file for DACA as a renewal request. And, those individuals who were granted DACA and had their DACA either expire prior to September 5, 2016 or be terminated at anytime, can file a new initial DACA request. USCIS provides further instructions regarding the completion of the I-821D on its website. USCIS has also clarified that the Advance Parole will not be an option for DACA recipients as it will neither accept nor approve such a request.
***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***
Sources:
(1) https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018-preliminary-injunction
(2) https://www.washingtonpost.com/local/immigration/federal-judge-says-daca-cant-end-while-lawsuit-is-pending/2018/01/09/715745a8-f5ba-11e7-a9e3-ab18ce41436a_story.html?utm_term=.5091160b0e5e
(3) https://www.politico.com/f/?id=00000160-de32-da22-ad65-fffa4f5d0001
