The Supreme Court took no action on January 22, 2019 on the government’s request to review the DACA decisions that have been previously issued. The court’s inaction almost certainly means it will not hear the administration’s challenge in its current term, which ends in June.
The justices’ next private conference to consider petitions seeking review is scheduled for February 15, 2019. Even were they to agree to hear the case then, it would not be argued until after the next term starts in October and a decision sometime in early 2020 depending on when the case is heard.
We recommend that students renew their DACA status in a timely manner, preferably before October 2019.
On November 8, the 9th U.S. Circuit Court of Appeals ruled that the U.S. government has to continue the DACA program.
However, the administration is expected to appeal the ruling to the Supreme Court, which will likely release a decision in spring or summer next year.
U.S. District Court Judge John D. Bates ruled that the government had to fully reinstate the DACA program. However, shortly after, Judge Bates stayed (put on hold) the part of his decision that required the government to accept new DACA applications or accept advance parole applications. This means if you are eligible to renew, you can submit your renewal application, but we strongly recommend you do not attempt travel outside of the U.S. If you have never applied for DACA, you are ineligible to apply.
In an August 31, 2018 opinion, U.S. District Court Judge Hanen declined to issue an injunction that would have halted the processing of DACA renewals. This means that there are no new changes at this time and people can still submit DACA renewals.
On April 24, 2018, a federal district court judge ruled that the government would need to continue the DACA program as it was before.
However, the ruling does not go into effect immediately and it is not final. The government has 90 days to provide better reasoning for its decision to rescind DACA.
So for now, the government still has to process DACA renewal applications, but will not accept new applications or applications for Advance Parole (to travel outside the country).
On March 5, a federal district court judge ruled that the government cannot use information provided through the DACA program for enforcement (removal) purposes, unless the government requests permission from the court on a case-by-case basis if there is a national security, public safety or public interest issue. However, a federal judge would determine this, if it should occur.
On January 9, 2018, a federal district court judge ruled that the U.S. government has to provisionally continue the DACA program. A second court agreed with this ruling on February 13, 2018. This impacts only current DACA recipients. If you are not a current DACA recipient, you are ineligible to apply for relief.
These rulings are not permanent. This is an ongoing court case and the rulings only provides temporary relief while the legal process continues.
If you are currently a DACA recipient
We encourage all eligible DACA recipients to consult with an attorney or file a renewal application as soon as possible. Frank Martinez, IU Immigration Attorney, is also available to answer any questions or discuss your particular situation.
USCIS has been accepting renewal applications that are filed more than 150 days before expiration. However, DACA grants are issued from the date of approval, so one result of filing early could be that the recipient does not benefit from a full two-year extension.
The government is not accepting or reviewing applications for Advance Parole. That means we strongly urge you to not attempt travel outside the United States.