Judge Forces Trump Administration to Accept New DACA Applications

Our firm is thrilled to share more good news with our readers and the immigrant community: last Friday, a federal judge ordered that the Trump Administration must begin accepting new DACA applications. Like we mentioned a few weeks ago on our blog, there was a pending decision regarding what the federal government would have to do in response to Chad Wolf, acting secretary of DHS, not possessing legal authority when he issued the order ending DACA.

Since that ruling, the federal court in New York has had both sides of the case prepare briefs on what the federal government would need to do in response. Now that this process has concluded, the Trump Administration has been ordered to post on the USCIS website that they will be accepting new applications for DACA benefits.

Specifically, the order states:

  • DHS must post a public notice by Dec. 7 that it’s accepting new applications
  • Employment authorization or deferred action of one year must extend to two years
  • Everyone who is eligible for DACA under 2012 rules must be notified directly
  • The government must give a status report on DACA by January 4, 2021

Put simply, if you would have been otherwise eligible for DACA benefits if it weren’t for the Trump Administration’s changes, then you’re now able to apply! The government must rule on your case based on the Obama-era criteria.

This is wonderful news for hundreds of thousands of young immigrations nationwide, as well as many current DACA applicants who weren’t sure if their cases were going to be thrown out. Our firm will be following this story as it develops, as the Trump Administration may attempt to put up a fight—or cause additional damage to the immigration system before the inauguration next month.

If you want to know where your DACA application stands right now, speak with our New Jersey DACA lawyers at (800) 909-8129. Consultation is 100% confidential. Se Habla Español.