DACA Court Developments

Last week a federal district court ordered the Trump Administration to fully reinstate the DACA program. However, the Judge delayed his decision for 90 days to allow the Administration that time to come up with a legal justification for ending DACA. Some headlines have treated this as 90 days until DACA is re-opened. However, it is also very possible that the Judge will accept the new reasoning the Trump Administration is likely to provide during this 90 day window. 

If the Administration can satisfy the Judge in explaining the legal justification for terminating DACA, it is likely that the court will not reopen the program. However, if the Judge is not satisfied with the legal arguments presented by the Administration, it is possible that new DACA application could be accepted under this ruling. At that point, new applications for advance parole for DACA recipients could also be filed. 

DACA renewals continue to be accepted by USCIS based on the two other federal court orders. Those cases are expected to go to the appellate courts in the coming months.