Breaking News: Another Nationwide Injunction Issued to Maintain DACA
Judge Nicholas G. Garaufis of the U.S. District Court for the Eastern District of New York ordered a nationwide preliminary injunction blocking the upcoming recision of DACA. The judge's reasoning for granting the injunction was that although the Trump Administration does have the power to revoke DACA that it must do so with "legally adequate reasons," and, Judge Garaufis concluded that based on the record before the court, the Trump Administration did not rescind DACA justifiably. Further, the Judge detailed that USCIS must begin accepting and processing the DACA renewal applications, but that it does not necessarily need to approve them. USCIS has not yet made an announcement regarding Tuesday's ruling.
UPDATE 2/15/18: USCIS has announced that it is not accepting DACA applications from those applicants never granted DACA. Additionally, USCIS clarifies that this preliminary injunction has the same effect as the preliminary injunction issued by the Northern District of California on January 9, 2018.
If you have ever been approved for DACA, you may want to contact a U.S. immigration attorney as soon as possible to see how the February 14, 2018 USCIS DACA update/pending litigation affects your future application for DACA.
***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.cnn.com/2018/02/13/politics/federal-judge-daca/index.html
(2) http://www.nydailynews.com/news/national/brooklyn-federal-court-ruling-blocks-suspension-daca-article-1.3818815
(3) https://www.courthousenews.com/wp-content/uploads/2018/02/daca-garaufis.pdf
(4) https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018-preliminary-injunction (update)
