Initial DACA Applications and Advance Parole Applications May Be Allowed Again

On April 24, 2018, a federal judge in the District of Columbia vacated the Department of Homeland Security’s decision to end the DACA program. The judge held that DHS’ decision to end DACA was arbitrary and capricious, because it did not sufficiently explain why the program was unlawful. This means that DHS must accept and process new DACA and advance parole applications, in addition to renewal DACA applications.

The one caveat is the judge stayed his order for 90 days to allow DHS an opportunity to better explain why it ended DACA. So the judge’s order will not take effect for another 3 months. During that time, DHS could issue a second memo rescinding DACA again, but this time providing a better explanation for why the program is unlawful.

Anyone who came to the US before turning sixteen, has lived in the US since June 15, 2007, and is under the age of thirty should meet with an immigration attorney immediately to see if he or she qualifies for DACA. Also, anyone who currently has DACA should meet with an immigration attorney immediately to see if advance parole is a good option for him or her. Potential applicants should meet with an attorney now, to allow sufficient time to gather the required information and evidence and prepare the application that will need to be submitted in 90 days.

We at Gardner Gordon PLLCstand ready to assist you right away in your initial or renewal DACA and advance parole applications. Contact us at (919) 987-2101 to schedule a consultation today.