The Trump Administration’s efforts to stop the DACA program have been halted for now by the Supreme Court. However, the Administration has been dragging its feet when it comes to reopening the program and accepting new applications. A federal district judge has now issued an order to compel the government to restore the DACA program back to where it was before the Administration tried to end it.
The attempt to end DACA was illegal
Deferred Action for Childhood Arrivals is a program designed to keep individuals who were brought to the U.S. illegally as children in the country. It was created by an Executive Order signed by President Obama. The Trump Administration attempted to rescind DACA, but the Supreme Court struck that down because the rationale used by the Attorney General was insufficient. Thus, DACA remains in full force since it was illegally repealed.
The federal judge said that DACA should return to where it was
There is an indirect pathway to citizenship as part of DACA. However, the Trump Administration has not opened the program back up even though the Supreme Court that there was not a valid basis to repeal it. According to the federal judge in Maryland, the Supreme Court’s recent ruling means that not only are the DACA participants still allowed to remain in the country, but the government is also obligated to accept new applicants. However, the Administration has not complied with the Supreme Court’s decision as President Trump has indicated that he will try once again to repeal DACA in the fall using a new justification.
If you or a loved one qualifies for the protections of the DACA program, you may need legal advice from an immigration attorney to learn more about how to qualify with the terms of the program. Your immigration lawyer could also assist you with filling out your application.