DACA Updates

November 8, 2018

Today the Ninth Circuit Court of Appeals rejected the Trump administration’s efforts to cancel DACA and issued a decision that stated the following:

  1. Trump administration’s reasons to cancel DACA in September 2017 was “arbitrary and capricious.”
  2. The plaintiffs were likely to succeed on their claim that terminating DACA was unlawful.
  3. Nationwide scope of the injunction allowing DACA renewals to continue was proper.

This decision from the Ninth Circuit Court of Appeals opens the door for a review of DACA from the Supreme Court. Additionally, the Department of Justice asked the Supreme Court on Monday, November 5, to take up the DACA case and to issue a final decision.

For more information, read the ABA Journal.


November 5, 2018

On October 17, the Trump Administration sent a letter to the 9th Circuit Court of Appeals demanding a decision on the DACA case by October 31, or have the DOJ file a petition for review with the U.S. Supreme Court (“SCOTUS”). Since the 9th Circuit did not issue a decision, on November 5, the Trump Administration asked SCOTUS to bypass three appellate courts (2nd, 9th, and D.C. Circuit) for immediate review regarding DACA – with the goal to rule the termination of DACA lawful.

The Trump Administration’s rationale for this was that if the federal appeals court did not act soon, it would be too late to get the case on this year’s SCOTUS docket, which would require the government to keep DACA going for at least another year.

The Trump administration tried earlier this year to get the DACA case before SCOTUS while it was pending in the 9th Circuit. SCOTUS declined that invitation in late February but said they assumed the appeals court would “proceed expeditiously to decide this case.”

The Supreme Court rarely agrees to hear cases before the appeals courts have ruled. Some advocates speculate that the government’s chances might be better this time, given that SCOTUS said they expected the appeals court to act more quickly than it usually does. However, the 9th Circuit takes an average of nearly 23 months to issue a final ruling, and only about six months have elapsed since the DACA case was argued. A ruling by the end of the year might be considered expeditious.

Further updates will come as the case develops.


August 31, 2018

On August 31, Judge Hanen decided to NOT issue an injunction ordering USCIS to stop processing DACA renewals. This will allow eligible individuals to continue to submit DACA renewals.

However, Judge Hanen wrote that he believes DACA to be likely illegal, and will ultimately fail to survive a challenge before his court.

The two reasons that Hanen cited in not issuing an injunction are as follows:

  1. Timeliness – Texas and its coalition of states waited more than five years after the implementation of DACA, and therefore lost some of its ability to claim damages that were immediately harmful and thus required an immediate response.
  2. Cost benefit analysis – Despite the fact that states could prove that they were harmed by the continuation of DACA (in costs and benefits to recipients), the potential consequences of ending DACA immediately were more harmful.

August 8, 2018

As of August 8, Judge Hanen from the Texas District Court has NOT issued any orders, and DACA renewals are still being accepted. Due to the possibility of DACA renewals ending in a matter of weeks, eligible DACA recipients are strongly encouraged to renew their DACA. Initial applications are still not being accepted.


August 2, 2018

I am writing to let you know why I am renewing my DACA this week and encouraging other DACA beneficiaries to do the same.

As some of you may already know, there is a preliminary hearing on DACA scheduled for August 8th in Texas. This hearing poses a distinct threat to DACA, and may lead to the Trump Administration no longer accepting DACA renewals.

Therefore, we urge DACA beneficiaries whose DACA expires between now and August 8, 2019 to renew as soon as possible.

 

Background: Judge Andrew Hanen, who has previously criticized the Obama Administration for its implementation of the DACA program, will be presiding over the Texas hearing. Should Judge Hanen declare DACA to be unlawful, the Trump administration may stop accepting DACA renewal applications and end the DACA program entirely. For more information on the DACA litigation timeline, please read this resource created by NILC.

Here are some resources to help you renew your DACA application:

Also, here are some other ways to stay informed and engaged:

Renewing my DACA will enable me to continue doing the work I love and creating positive change. Please join me in encouraging as many DACA beneficiaries as possible to seize this critical moment.

Together, we can make a difference.