Source: Elizabeth Ricci, esq., Rambana and Ricci PLLC
US District Court Judge Andrew Hanen ruled on July 16, 2021, that the Immigration violated the Administrative Procedure Act (APA) when it established the DACA program for undocumented youth known as DREAMers. The judge claimed that DACA is an agency overreach, going beyond what the President may order by way of Executive Order. The Republican appointed jurist noted that the APA requires that Immigration first go through notice and comment rulemaking before creating the DACA program.
Nonetheless, USCIS will still process renewals and continue to accept new applications, but may not approve new applications.
In other words, as of right now,
- If you have DACA now, it is still valid.
- If you have a pending DACA renewal, you can continue to renew it until further notice.
- If you have a pending initial DACA application, there is an indefinite hold on your application.
- If you are eligible for DACA but have not yet, applied, USCIS can accept your application.
- If you have travel document (advance parole) through DACA, it is still valid.
- If you have DACA and a pending advance parole application, USCIS will still process it.
At this point it is unknown whether those DREAMers whose DACA lapsed for more than a year will be able to reapply. It is also uncertain if DREAMers who travel abroad on advance parole will be allowed to re-enter the United States upon reentry. USCIS has not indicated whether it will cancel biometric appointments for initial DACA applicants, although it appears so. Lastly it remains undetermined what will happen if DACA status expires while their renewal is pending.
Based on AILA Doc. No. 18011035
