Immigration Agency Says Resume DACA Renewals After Court Ends Trump Repeal

by Bamidele Ogunberu Last updated on May 2nd, 2018,

Washington, D.C., USA: In a statement on Saturday, the United States Citizenship and Immigration Services (USCIS) – a component of the United States Department of Homeland Security (DHS) – said that “until further notice,” the Obama-era program, Deferred Action for Childhood Arrivals, known as DACA, “will be operated on the terms in place before it was rescinded” in September, when President Donald Trump moved to end it.

The decision came after a federal judge in California issued a nationwide injunction on Tuesday ordering the Trump administration to resume the DACA program.

The agency said on Saturday that people who were previously granted deferred action under the program could request a renewal if it had expired on or after Sept. 5, 2016. People who had previously received DACA, but whose deferred action had expired before Sept. 5, 2016, cannot renew, but can instead file a new request, the agency said. It noted that the same instructions apply to anyone whose deferred action had been terminated.

But officials also said they were not accepting requests from individuals who have never been granted deferred action under DACA.

Judge William Alsup of Federal District Court in San Francisco ruled that the administration must “maintain the DACA program on a nationwide basis” as the legal challenge to the president’s decision goes forward.

In his ruling, the judge laid out a road map for the government that officials appeared to follow. He said that previous beneficiaries of DACA, known as Dreamers, must be allowed to renew their status in the program, though the government would not be required to accept new applications from immigrants who had not previously submitted one.

The Obama-era Deferred Action for Childhood Arrivals program shields from deportation young immigrants who were brought illegally to the United States as children.

“They are Americans in their heart, in their minds, in every single way but one: on paper,” President Barak Obama said in announcing the new DACA policy in June 2012. Under the change by President Obama, the Department of Homeland Security stopped initiating the deportation of illegal immigrants who came to the United States before age 16, have lived here for at least five years, and are in school, are high school graduates or are military veterans in good standing. The immigrants must also be not more than 30 and have clean criminal records.

EARLIER : Federal Judge Orders Resumption Of Renewal Applications From Existing DACA Enrollees – San Francisco, California, USA : US District Judge William Alsup, on Tuesday night, in San Francisco, ordered the Trump administration to partially revive the Obama-era Deferred Action for Childhood Arrivals program, finding that challengers to the administration’s decision to end the program were likely to succeed on their claims that the move was “arbitrary and capricious.”

Under the order from US District Judge William Alsup, the Trump administration must resume accepting renewal applications from individuals who were already enrolled in the program. Alsup did not order the administration to accept new applications, however, writing that the plaintiffs had only shown that existing recipients were likely to suffer “irreparable harm” absent immediate intervention from the court.

The Justice Department is likely to appeal the order.

Trump on Tuesday continued negotiations with congressional leaders about a possible deal to revive the program’s protections ahead of a March deadline, potentially in exchange for tighter border security.

The Obama-era program, which President Trump moved to end in September, protects some young undocumented people brought to the country as children from deportation.

DACA was among the issues discussed at a bipartisan immigration meeting on Tuesday.

Trump indicated he would support what those in the room came up with, adding that he was willing to “take the heat” to back a bipartisan deal.

Trump at one point said he wants a “bill of love” to address DACA, and in another instance appeared to voice support for Sen. Dianne Feinstein’s (D-Calif.) suggestion of a clean DACA bill while dealing with other issues, like border security, later.

House Majority Leader Kevin McCarthy (R-Calif.) quickly clarified Feinstein’s comments, reminding Trump of the need to implement border-security measures in exchange for DACA.

EARLIER : Congress In Race Against Time As Trump Ends DACA – Washington D.C., USA Sept 5th: Today September 5, 2017, U. S. Attorney General Jeff Sessions, on behalf of the Trump administration, announced an end to the Deferred Action for Childhood Arrivals (DACA) program, which allows nearly 800,000 Dreamers the basic opportunity to work and study without the threat of deportation. DACA recipients will begin losing their protection next March 6 unless Congress acts before then, the Trump administration announced today.

Here are the top 4 things to know about his announcement:

1. YOUR DACA IS VALID UNTIL ITS EXPIRATION DATE.
DACA and work permits (Employment Authorization Documents) will remain valid until its expiration date. To determine when your DACA and work permit expires, look at your 1-795 Approval Notice and the bottom of your Employment Authorization Document (EAD).

2. NO NEW DACA APPLICATIONS WILL BE ACCEPTED.
United States Citizenship and Immigration Services (USCIS) no longer will accept or process first-time applications after September 5, 2017.

3. DACA ISSUANCES AND WORK PERMITS EXPIRING BETWEEN NOW AND MARCH 5, 2018 MUST BE SUBMITTED FOR RENEWAL BY OCTOBER 5, 2017.
If you have a permit that will expire between now and March 5, 2018, you must apply for a two-year renewal of your DACA by October 5, 2017.

4. ADVANCE PAROLE TO TRAVEL ABROAD IS NO LONGER AVAILABLE. The Department of Homeland Security (DHS) will no longer grant DACA recipients permission to travel abroad through Advance Parole. Any pending applications for advance parole will not be processed and DHS will refund any associated fees.

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Bamidele Ogunberu

Bamidele Ogunberu

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