DACA Still Alive: Supreme Court denies Trump’s attempt to end DACA

Hundreds of thousands of young immigrants can breathe a sigh of relief this week as the Supreme Court rejected Trump’s move to rescind the DACA program for Dreamers. If you are a young immigrant in the United States here is what you currently need to know about DACA.

Is DACA still in place?

Yes! The Supreme Court has kept DACA’s program as it stands for now. The decision upholds the January 9, 2018 injunction by San Francisco-based U.S. District Judge William Alsup, who ruled that the DACA program must remain in place while the litigation was resolved.

Can young people still apply for DACA?

Only if you already are a Dreamer. This reprieve is for RENEWALS but we are going to look into whether brand new DACA applications might be accepted.

If you aren’t currently enrolled in DACA please review the section below for alternatives.

Can you currently renew your previous status?

Yes! And you should. Until further notice  renewal applications are being processed. If there is anything we can depend on with the Trump administration it’s that we can’t depend on anything it says: if you are within six months of your renewal date, renew now. Don’t wait. It is impossible to say how long this reprieve will last. AND TALK TO THE BEST IMMIGRATION LAWYER YOU CAN FIND BEFORE FILING!

What if you aren’t already a Dreamer and can’t renew?

Not in the DACA program? Don’t despair. This program was never originally designed as a permanent solution. There are many other – more fixed routes – that can help you stay in the United States including:

  • Adjustment of status
  • 601A waiver
  • U visa
  • Parole in place

For a more thorough explanation of the alternatives to DACA click here.

Remember:

Programs come and go. In the quarter-century I have been practicing immigration law, we have seen more immigration benefits than I will list here, but there is frequently more than one option to help someone stay in the country.

If you are concerned about your ability to stay legally in the United States, the best thing to do is to call an expert and explore all your options. DACA is only one of them.

Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers.

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