Don’t be confused about DACA!
By Elizabeth Ricci, Esq.
Federal Judge John Bates on April 24, 2018 issued an order setting aside DACA’s recession. Bush appointee Bates basically said that the government’s position on the “illegality” of DACA was arbitrary and capricious. Bates, however, will stay his order until July 23, 2018 during which time the government must justify its position that DACA is illegal. If it does not, those eligible for DACA who did not apply should be able to do so.
It is unclear whether DACA applicants will again be able to file for travel documents. The travel document value cannot be overstated. Those who entered once without inspection and received DACA, if they can prove a humanitarian, educational or employment-based reason to travel abroad (note that the reason must not be “extraordinary” as some mistakenly believe), could then do so with USCIS’s permission. This means that their previous entry without inspection is waived which, in turn, would allow an in-country adjustment of status instead of having to go through the costly and nerve wracking process of filing an I-601a unlawful presence waiver, leaving and reentering the US. Judge Bates’ decision, therefore, gives DACA holders and the immigrant community hope that until Congress takes comprehensive action to fix the broken immigration system, those who came to the US as children may have a reprieve from deportation and contribute to the economy by working legally.
In the meantime, interested initial applicants without serious criminal histories should not file new DACA petitions or pay USCIS fees but should gather proof of entry into the US before 16 and before June 15, 2007 as well as enrolment in/graduation from high school, enrollment in/completion of a GED program or enrollment in/completion of a qualifying English class.
