April 24, 2018: Federal Judge John D. Bates of Federal District Court for the District of Columbia ruled that DACA protections must stay in place and that the government must resume accepting new applications. The judge stayed his decision for 90 days and gave the Department of Homeland Security, which administers the program, the opportunity to better explain its reasoning for canceling it. If the department fails to do so, it “must accept and process new as well as renewal DACA applications,” Judge Bates said in the decision.
February 2018: Supreme Court's Response to Trump Administration's Request to Review Lower Court Order
On February 26, 2018, the Supreme Court declined to hear the Trump administration's request for it to review the lower court order that the administration must continue to accept DACA applications, so the Supreme Court will allow the Ninth Appeals Court to review the ruling. Read the Supreme Court's response here.
USCIS Response to Injunction
On January 13, 2018, United States Citizenship and Immigration Services announced that due to the federal court order, it has "resumed accepting requests to renew a grant of deferred action under DACA." Additionally, it stated that "DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017." Read the updated USCIS statement on DACA here.
Injunction: On January 9, 2018, Judge William Alsup of the U.S. District Court for the Northern District of California, issued a national injunction ordering the Trump administration to re-start the Deferred Action for Childhood Arrivals (DACA) program. Judge Alsup wrote that the administration must “maintain the DACA program on a nationwide basis” as the legal challenge (led by Janet Napolitano in her official capacity as President of the University of California system) to President Trump's decision to halt the program goes forward in the courts. Read Judge Alsup's order here.
August 3, 2018: Judge Bates issued an opinion upholding his April 24, 2018 decision allowing DACA renewals, but partially stayed the order regarding new applicants. At present, no first-time DACA applications are being accepted, but DACA status may be renewed for those who already have it. Read Judge Bates' opinion here.
This guide is designed to provide general information and links to resources about DACA – Deferred Action for Childhood Arrivals.
Deferred Action for Childhood Arrivals (DACA) is a kind of administrative relief from deportation. The purpose of DACA is to protect eligible immigrant youth who came to the United States when they were children from deportation. DACA gives young undocumented immigrants: 1) protection from deportation, and 2) a work permit. The program expires after two years, subject to renewal.