YESTERDAY’S APPELLATE COURT DECISION
ON DACA. What does it mean for DACA-recipients?
Yesterday the Fourth Circuit Court of Appeals in Maryland told
the Trump Administration it acted without legal basis when it sought to closed
down DACA. The Court found the Administration’s closing of the DACA program “arbitrary
and capricious”. The government
failed to "give a reasoned explanation for the change in policy,
particularly given the significant interests involved” states the opinion.
Here’s a summary of where DACA stands now and where things go
from here:
The Fight over DACA and
today’s Decision.
On
September 5, 2017, Donald Trump announced the rescission of the DACA
program. Those who have DACA status were to begin to lose their status on
March 5, 2018, but a San Francisco District Court judge ordered the government
to continue renewals. While that case
was pending, two other federal judges issued similar injunctions against Trump.
Last
year, the Administration asked the U.S. Supreme Court to expedite its review of
these rulings but the Supreme Court refused. In the meantime, the San Francisco judge’s
decision was appealed to the Ninth Circuit Court of Appeals, where the
Administration lost.
Yesterday,
another Circuit Court – the Fourth Circuit Court in Maryland -- ruled in favor
of the DACA recipients and against the Trump Administration by a 2-1 vote.
What does this
mean for DACA?
This decision means does not have an immediate effect on the current
state of DACA, except that it further frustrates Trump’s efforts to close it
down.
The Supreme Court did not consider this case during the
current term, which means that the earliest it would hear arguments on the DACA
law is next fall. It is therefore
unlikely a decision by the Supreme Court would be issued until next summer,
during the 2020 Presidential campaign.
For now, persons who already have DACA can continue filing
renewals. We recommend that applicants
do so 150 days before their DACA expires.
Unfortunately,
new applicants are still not eligible.
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CHRISTOPHER
A. KEROSKY is a partner with Wilson Purves in the law firm of KEROSKY PURVES
& BOGUE, with offices located in
San Francisco, Santa Rosa, Ukiah, Napa, Walnut Creek, San Jose and
Sacramento. Mr. Kerosky has been an
attorney licensed to practice law in California for 25 years. He is a graduate of UC Berkeley (Boalt Hall)
School of Law and a former trial lawyer for the Civil Division of the U.S.
Department of Justice in Washington D.C.
For 10 years, he has been honored as one of Northern California’s top
lawyers by San Francisco Magazine, “Super Lawyers” edition. Mr. Kerosky speaks English, Spanish and
Polish and has also working knowledge of Russian.
WARNING: The article above is not intended to be a substitute
for legal advice. We recommend that you get competent legal advice specific to
your case.
