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What the DACA Injunction Ruling Means for Dreamers


Last year, the current presidential administration made plans to begin phasing out protections for “dreamers,” the children of undocumented immigrants who have spent much of their lives in the United States. In a recent decision, U.S. District Judge William Alsup placed an injunction on the administration’s plans, saying safeguards against deportation must remain in place for the nearly 690,000 people in the Deferred Action for Childhood Arrivals (DACA) program.

So far, it remains unclear when DACA recipients could resume applying for renewals of their work permits as a result of the injunction, which Alsup says should apply nationwide. The decision remains with the Department of Homeland Security.

Dreamers and dreamer advocates say the decision adds a new sense of urgency to negotiations between Congress and the White House on what to do about the dreamers, who are pushing for citizenship. However, leaders of both Democratic and Republican parties indicate the ruling isn’t likely to upend ongoing talks about the federal budget deal even though Democrat Senator Charles E. Schumer thinks the solution to DACA should be part of that deal.

Alsup didn’t rule on the merits of the case itself, but he indicated plaintiffs were likely to succeed in claiming the decision to end DACA was arbitrary and capricious and that thousands of people would suffer irrevocable harm as a result of the administration’s actions.

Because of the injunction, while the lawsuit against the rollback of DACA protections is pending, anyone who had DACA status as of September 5, 2017, can renew it. The lawsuit was brought by California Attorney General Xavier Becerra, who was joined by the attorneys general for Maine, Maryland, Minnesota, and the University of California.

If you’re concerned about whether you are still protected by DACA, talk to one of our skilled Dallas immigration lawyers as soon as possible. Immigration law is an extremely complex arena, and Mathur Law Offices, P.C. is dedicated to ensuring our clients are supported by an experienced group of advocates.

Contact us at (888) 867-5191 or fill out our online form to schedule a no-obligation case consultation today.