Partial Reinstatement of the DACA Program

Jan 11, 2018

As noted in our previous blog, available here, on September 5, 2017, President Trump’s Administration announced rescission of the Deferred Action for Childhood Arrivals (DACA) program, which grants a temporary reprieve from deportation (known as deferred action) as well as work authorization for certain young people who entered the United States before the age of 16.   Following this announcement various lawsuits were filed challenging rescission of the program.

On January 9, 2018, a federal judge in the Northern District of California issued a nationwide order reinstating the DACA program for individuals who have already applied for and received benefits under the program.   The order directs the Department of Homeland Security to post reasonable public notice and prescribe a process to resume receiving DACA renewal applications for these individuals.   As of today, January 11, 2018, the U.S. Citizenship and Immigration Services (USCIS) DACA webpage indicates that information on renewal applications is forthcoming.   Until additional information is released by USCIS, we recommend that DACA beneficiaries wait to file renewal applications in order to avoid the possibility of any confusion or delay in processing.   However, once guidance is released, individuals with DACA status should be able to extend that status and their work authorization.   Please also note that the order does not reinstate the DACA program for individuals who do not already possess DACA status.

The Court’s order will remain in place until a final judgment or other order is issued in the case.  Please continue to visit the “Insights” section of our website for additional information.

Mollie E. Hennessee practices primarily in the areas of immigration, higher education, and employment law. She represents corporations, educational institutions, and individuals with their immigration needs, including obtaining temporary and permanent visas, handling employer sanctions issues, I-9 and E-Verify employment eligibility verification compliance, consular processing, and naturalization. Mollie also represents institutions of higher education with respect to employment and termination matters, student rights, and civil rights. Prior to joining the Firm, Mollie worked for the Department of Homeland Security’s Immigration and Customs Enforcement as an Assistant Chief Counsel. While in law school, Mollie served as an intern for the Honorable Catherine D. Perry of the United States District Court in Eastern Missouri. Mollie earned her B.A. from Saint Louis University, where she also received her law degree.

Immigration ““ The firm represent businesses, institutions of higher learning, and individuals with respect to immigration-related matters, including obtaining visitor visas, temporary and permanent work visas, consular processing of visas, obtaining citizenship, advising employers on employment sanctions issues, and defending employers faced with INS I-9 audits and investigations.