January 19, 2018

USCIS Begins Accepting Additional DACA Renewal Application Per Court Order

On January 9, 2018, the U.S. District Court in the Northern District of California issued a decision holding that the U.S. Government must continue Deferred Action for Childhood Arrivals (DACA) until litigation involving rescission of the program is resolved. The Court ordered the government to partially maintain the DACA program but noted that initial DACA applications do not have to be processed.

Subsequently, USCIS issued updated guidance on submitting DACA renewal applications. Those who currently have DACA and are eligible to renew, may file a renewal application along with appropriate fees. For individuals whose DACA expired on or after September 5, 2016, they may also file a renewal request. Individuals who have never had DACA will not be eligible to file initial applications. USCIS will also not accept or approve advance parole requests from DACA recipients.

In response to the January 9th order, the Department of Justice has asked the Supreme Court to review the District Court decision and has appealed the ruling to the 9th Circuit Court of Appeals. Hence, litigation regarding the DACA program is expected to continue.

Congress has been negotiating for several months to find a permanent solution for DACA recipients. However, as of January 19, 2018, legislators have not reached a deal.

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