NEW COURT DECISION ON DACA. WHAT DOES IT MEAN FOR DACA RECIPIENTS?

This week, another federal court told the Trump Administration it acted without legal basis when it closed down DACA.  In this case, the ruling of the federal judge, if it stands, will require the U.S. Department of Homeland Security (DHS) to re-open DACA to new applicants, in addition to renewing status for current DACA holders.

What does this newest court decision mean for those with DACA now or those who would be eligible?  Here's some background on where DACA stands now and a brief explanation of how this decision will change things:

On September 5, Donald Trump announced the rescission of the DACA program.  Those who have DACA status were to begin to lose their status on March 5^th, but a San Francisco judge ordered the government to continue renewals.  The Administration asked the U.S. Supreme Court to expedite its review of the ruling but the Supreme Court refused.  Another judge in New York followed this with a similar ruling against Trump.

This week a third federal judge, Hon. John Bates, based in Washington DC, ruled that Trump failed to provide a reasonable rationale for closing the DACA program.  In addition to ordering DHS to continue renewals, Judge Bates also required it to accept new applications again.  But the judge did give the Trump Administration a chance to provide a different rationale for terminating DACA, suspending his decision for 90 days.

This decision means if the administration fails to provide an acceptable basis for ending DACA in the next 3 months, the USCIS will need to begin accepting new applications as early as August.  Presumably this will include two groups of young immigrants: (1) those who were eligible to apply before, but failed to do so; and (2) those who turn 15 years old and are thus newly eligible.

Those who do not have DACA but who would be eligible to apply under this new ruling should stay tuned for updates on this case and if this ruling stands, apply for DACA as soon as permitted.