USCIS accepts the latest Judicial Ruling- Initial DACA Applications are being Accepted!
By
Dev Banad Viswanath, Esq.
In a ruling on Deferred Action for Childhood Arrivals (DACA) applications, a Federal District Court Judge in New York City stated that USCIS must begin accepting initial DACA applications on Monday, December 7, 2020. As a result, the agency made the announcement that it would, in fact, reinstate the program as it had been established under President Obama in 2012.
In accordance with instructions, the agency has announced on its website that it will accept new DACA applications and will return to its initial policy of granting two years of work authorization and deferred removal. Additionally, the agency stated that DACA recipients would be permitted to travel in certain limited circumstances. Over 640,000 current DACA recipients will benefit from the District Court's decision, as will approximately 300,000 others who are eligible but have not yet applied.
The Republican Attorney General's recent decision to take action against DACA in other parts of the country dampens the celebration of positive news on the subject. For instance, in a case pertaining to the legality of DACA, the Federal District Court in Texas has scheduled a hearing for December 22, 2020. This could significantly complicate the program if the Texas judge, who previously stated that DACA was likely illegal, rules that it is.
If the Texas Federal Court or any other court rules against the program before President-Elect Biden can take office or, more importantly, can figure out a way to protect the roughly 1 million "DREAMERS," those who have loved ones or are themselves eligible should think about applying for DACA right away. This will ensure that applications can be received and processed in the event that the program is ruled to be ineffective.
If you think you might be eligible for DACA protection, please get in touch with an experienced immigration lawyer.
