On January 9, 2018, Judge Alsup of Federal District Court in San Francisco, California temporarily blocked President Trump’s administration from ending the Deferred Action for Childhood Arrivals (DACA) program. The ruling ordered the administration to resume allowing DACA recipients to renew their deportation protections and work permits under the DACA program. Individuals who have never received DACA protections, however, will not be allowed to apply.
In his ruling, Judge Alsup asserted that the Secretary of the Department of Homeland Security has long had the authority to grant the kind of temporary protections that formed the basis of the program. He wrote that previous DACA recipients must be allowed to renew their status in the program. However, the government will not be required to accept new applications from immigrants who had not previously submitted one and the administration could continue to prevent DACA recipients from returning to the United States if they leave the country.
The administration could appeal the judge’s ruling to an appeals court that would prevent the injunction from taking effect and allowing the shutdown of the DACA program. However, such a ruling could be appealed to the Supreme Court.
CPG Immigration Law Group will continue to monitor these developments and publish more information as they become available. Call us at (415) 371-1800 to set up an appointment with an attorney to discuss your specific concerns. You can also subscribe to our blog to receive updates.