In 2017 the Federal District Court for the Northern District of California issued a preliminary injunction. It prevented the Trump Administration from ending the renewal process for DACA participants. It also allowed time for the courts to decide if the Trump Administration could lawfully end the DACA program. So, the government appealed the decision to the 9th Circuit Court of Appeals.
November 2018 DACA Update
On Thursday, November 8, 2018, the 9th Circuit Court of Appeals upheld the district court’s injunction. Thus, preventing the government from ending the DACA renewal program. The Ninth Circuit determined the government based their decision on the “erroneous legal premise” that Obama’s DACA executive order was an unconstitutional use of executive authority. The Ninth Circuit declined to say whether or not the government could end the DACA program at their own discretion. But they determined the government could not do so by claiming the executive order was unlawful. We expect the Trump Administration to appeal the decision to the Supreme Court.
Read the full decision on CNN’s website.
What does this mean for DREAMers?
Things are the same as they have been for the last year. Current DACA holders are still eligible to renew their application. But, this could change if the government decides to appeal to the Supreme Court. The government could also rescind the program, as the Ninth Circuit suggests, “under its own discretion.” The government is not accepting new DACA applications at this time. Also, current DACA holders cannot receive travel authorization.
DREAMers remain in limbo. Dummit Fradin urges our representatives to approve legislation that will allow our DREAMer friends and family to exit this emotional roller coaster. Give DREAMers the stability they crave to formally call America their home!
Contact us to schedule a personal review of your immigration case. Our experienced immigration attorneys will help answer your legal questions.