DACA is Back: Trump Ordered To Fully Reinstate program for Dreamers

Hundreds of thousands of young immigrants can breathe a sigh of relief. The Supreme Court rejected Trump’s move to rescind the DACA program for Dreamers, and a federal court has now ruled that the US government must accept new DACA applications as well.

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.

As of last week, the government is not only dealing with renewals, but new DACA applicants can also start to apply.

Can young people still apply for DACA?

YES. There was a  reprieve only for RENEWALS at the Supreme Court, but a newer ruling orders that brand new DACA applications may be submitted.

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.

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!

If you are not yet a Dreamer, here is what you need to know to apply.

DACA protects people who come with family members or by themselves under the age of 16. It stops them from being deported and allows them to work.  The requirements are:

  • Under the age of 31 as of June 15 2012
  • Came to the US before the age of 16
  • Continually resided in the US from June 15 2007 to the present
  • Either currently in school, graduated from high school, or had obtained a GED, or served honorably in the military
  • No felony or significant misdemeanor

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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