DACA Still Alive: Supreme Court denies Trump administration appeal

Hundreds of thousands of young immigrants can breathe a sigh of relief this week as the Supreme Court refused to hear the administration’s appeal of a federal judge’s Jan. 9 injunction that halted 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 denied the appeal “without prejudice” until it has finished litigation in the lower courts. 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 is resolved.

Can young people still apply for DACA?

Only if you already are a Dreamer. This reprieve is for RENEWALS only. If you aren’t currently enrolled in DACA skip to the last section for other better 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 long term solution. There are many other – more permanent 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 more than 20 years I have been practicing immigration law, we have seen more immigration benefits appear than I can list, 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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