By: Lily S. Axelrod.
The situation is moving fast on DACA. On July 28, the Trump administration announced that it is still considering ending or modifying the program. In the meantime, the administration said, USCIS will renew DACA benefits for only one year, and will reject applications from people who have never held DACA before, including those that were filed before yesterday’s announcement. The administration will also process advance parole requests only for “exceptional circumstances.”
This announcement appears to be a violation of June’s Supreme Court decision and several lower federal court orders that the administration must reinstate the DACA program entirely, including new applications and advance parole requests, until and unless the administration follows the proper procedure to end or modify DACA.
Federal courts will certainly evaluate yesterday’s order, and may find it unlawful. In the meantime, we encourage DACA beneficiaries to file renewal applications as usual, and to speak with an attorney if they wish to request advance parole (a travel permit). We also encourage eligible individuals who have never held DACA to consult an attorney about filing new applications as soon as possible, before the Trump administration takes final action to end or modify the program. Even if an application is rejected or improperly denied, you may be able to sue the government directly or benefit from ongoing litigation. To see if you are eligible to file a new DACA application, you can use our free app. For the latest news about DACA, follow Siskind Susser attorney Lily S. Axelrod on Facebook and Twitter.