DACA: What You Should Know about the Decision of April 24, 2018, by the U.S. District Court in DC

For information about U.S. Citizenship and Immigration Services’ Jan. 13, 2018, announcement that it is accepting DACA renewal applications, see our FAQ: USCIS Is Accepting DACA Renewal Applications, first posted Jan. 14, 2018.

DACA — Deferred Action for Childhood Arrivals 
What You Should Know about the Decision of April 24, 2018, by the U.S. District Court in DC

APRIL 25, 2018 | Versión en español

By United We Dream and National Immigration Law Center

On April 24, 2018, a U.S. district court in Washington, DC, found that the Trump administration’s termination of DACA is unlawful. The decision by the court in DC orders U.S. Citizenship and Immigration Services (USCIS) to accept first-time applications from people who have never had DACA before.

However, at the same time, the court also “stayed” (or paused) its order from going into effect for at least 90 days (or until July 23, 2018), to allow the federal government to address the issues that the court cited in issuing its order. So, despite the court’s order, people who have not had DACA in the past may not apply for DACA yet. We do not know how the Trump administration will respond to the court’s decision. Stay tuned for updates.

Here, very briefly, is what we think you should know about this decision and the current status of the DACA program:

1. Right now, if you currently have DACA or have had it in the past, you can apply to renew it. USCIS’s current policy is to accept DACA renewal applications. If you qualify to renew DACA, we recommend that you apply. For more information, see our FAQ: USCIS Is Accepting DACA Renewal Applications.

2. If you have not applied for DACA before, you may not apply now. Although the court in DC ordered USCIS to accept new applications, it “stayed” its decision from going into effect for 90 days. Currently, USCIS is not accepting first-time applications for DACA.

3. Advance parole is still NOT available. USCIS is not accepting advance parole applications from DACA recipients.

4. This decision is another example of what we know is true: Trump’s decision to end DACA was wrong. In a time of uncertainty for immigrant youth and their families, it’s clear that it was cruel and wrong for Trump to take steps to terminate the DACA program. Courts in DC, California, and New York have ruled that the process of ending DACA was unlawful. Our people power and collective organizing to protect both immigrant youth and their loved ones will not stop as we fight to end detentions and deportations of our community members.

5. Knowledge is power. See our resources to apply for renewal today. Learn everything you need to know about applying for DACA renewal on United We Dream’s website. We have your back, and our community is committed to supporting one another because we are all #HereToStay.