DACA Update: DACA Program Remains in Effect Beyond March 5 Due to Court Injunctions

On September 5, 2017, then-acting Secretary of Homeland Security Elaine Duke published a memorandum providing for the draw-down of the Deferred Action for Childhood Arrivals (DACA) program [see article]. Under the memorandum, DACA was to end on March 5, 2018, while allowing for those who had DACA benefits at that time to maintain DACA until their benefits expired. The DHS hoped that Congress would pass a permanent solution for those with DACA benefits in advance of the March 5 deadline.

However, the March 5 deadline has been rendered effectively meaningless for the time being due to two separate District Court preliminary injunctions against the DACA rescission. The two District Court injunctions restored DACA to the status it had prior to September 5, 2017, while allowing for those who have or who previously had DACA benefits to apply for renewal. Because the Supreme Court of the United States has declined to expedite review of the issue, the injunctions appear slated to remain in effect for the time being.

On the subject of the injunctions and their effect on the DACA rescission, the spokesman for the Department of Homeland Security (DHS), Tyler Q. Houlton, had this to say:

We have to follow the rules and letter of the law and injunctions. Our deadline was March 5, but court orders have come in and put injunctions in place and we're going to continue to follow the rule of law.¹

Accordingly, for the time being, DACA will continue to be run in accordance with the injunctions. However, in the absence of a legislative solution, it is possible that the injunctions could be overturned either on appeal to Federal circuit courts or to the Supreme Court if it opts to take the case next term. That would allow for the DACA recession to take effect.

An individual who is affected by the uncertainty over DACA should consult with an experienced immigration attorney for a case-specific evaluation and guidance.

To read about the DACA rescission and all of the subsequent develops discussed in this article, please see our full article on the issue [see article].

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1. Dinan, Stephen. “Trump boosts Dreamer approvals as DACA deadline passes.” The Washington Times. Mar. 4, 2018. https://www.washingtontimes.com/news/2018/mar/4/daca-deadline-passes-action-courts-not-congress/