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New DACA Ruling Orders the USCIS to Stop Approving Initial Applications, Again.

On July 16, 2021, a federal judge in Texas suspended a part of the DACA program indefinitely. This is what DACA applicants need to know:

 

  • You may still renew your DACA.
  • If your initial DACA application is pending, USCIS will hold your application but cannot approve it for the time being.
  • If you have never applied for DACA, USCIS can still accept your application but cannot decide your case for the time being.
  • If you have DACA, you may still request advance parole (travel) if you qualify. 

Though the decision is a setback, there are efforts underway to secure benefits and protections for many DREAMERs who call America their home:

 

  • The Biden administration is expected to appeal the court decision suspending DACA. The appellate court could order that the suspension not take effect right away. This would revive the DACA program in its entirety until a final decision is made on appeal.
  • DHS is expected to create another version of DACA through a certain rulemaking process under the law. This would address the main reason why the federal judge thought the DACA program was illegally created.
  • The decision forces Congress to work toward a permanent solution. Legislation would offer a pathway to lawful permanent residency, and eventually, citizenship. This would put an end to living from court decision to court decision.

If you have any questions about how the court decision affects your own DACA consultation, please give us a call or book a consultation with us online. 

 

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