On June 18, 2020, the U.S. Supreme Court issued a 5-4 decision finding that the Trump administration's termination of Deferred Action for Childhood Arrivals (DACA) was (1) judicially reviewable and (2) done in an arbitrary and capricious manner, in violation of the Administrative Procedure Act (APA).
Texas, 579 U.S. ___ (2016), is a United States Supreme Court case regarding the constitutionality of the Deferred Action for Parents of Americans (DAPA) program. In a one-line per curiam decision, an equally divided Court affirmed the lower-court injunction blocking the President's program.
The DACA protections are temporary — applicants renew every two years — and can be revoked at the government's discretion. And at the moment, DACA is in legal limbo. The Department of Homeland Security is trying to reestablish the program through a new rule, a process that typically takes several months.Nov 9, 2021
A federal district court in Texas has issued an order that temporarily blocks the DAPA and expanded DACA programs from being implemented. ... However, USCIS continues to accept renewal applications or initial applications from people who qualify under the DACA criteria announced in June 2012.
Dismissed as improvidently granted - the Writ of Certiorari is dismissed as improvidently granted, meaning the Court should not have accepted the case.Jun 18, 2021
To be eligible for DAPA: You must have lived continuously in the U.S. since January 1, 2010, been present in the U.S. on November 20, 2014, and be present in the U.S. when you apply for DAPA. You must have a son or daughter who was a U.S. citizen or lawful permanent resident as of November 20, 2014.
With respect to people who are eligible for DACA but have not been granted it, the court's order: allows USCIS to continue to accept first-time DACA requests, but. prohibits the federal government from approving any first-time DACA requests after July 16, 2021 (the date of the court's decision).
DACA recipients are not able to apply for US citizenship on the basis of their DACA status². DACA status does not mean you're considered to be lawfully in the US. It only means that any action against you has been deferred on a temporary basis.Aug 30, 2021
DACA recipients can submit DACA renewals every two years to keep their work authorization (work permit) and the ability to remain in the country. But, people with DACA status don't yet have a direct path to citizenship in U.S. immigration law.
Yes. USCIS will continue to accept and adjudicate applications for advance parole for current DACA recipients.Aug 31, 2021
On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal.” The Court granted summary judgment on plaintiffs' Administrative Procedure Act (APA) claims; vacated the June 15, 2012 DACA memorandum issued by former Secretary of Homeland Security Napolitano; remanded ...Dec 23, 2021
Yes, it is possible for DACA recipients to apply for a green card if they meet the lawful entry requirement. If you've entered the U.S. lawfully with Advance Parole or if you first entered with a valid visa, you may meet the green card eligibility requirement.