DACA Update
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The Deferred Action for Childhood Arrivals (DACA) program continues to be in a state of flux. Announced in 2012 by President Obama, the policy grants a deferral from deportation for two years to some immigrants who were brought to the U.S. illegally as children. After two years, recipients can seek a renewal provided they have no serious misdemeanors or felonies. To date, the program has protected around 700,000 people from deportation. However, two recent court cases have rendered the future of DACA less clear.
One Judge Orders DACA Reinstated
Just last week, a federal district judge in Washington, D.C. ordered that the Trump administration cannot close down the DACA program. Going even farther, the judge ordered that the government begin accepting new DACA applicants.
Judge John Bates ruled that the Trump Administration did not have adequate legal justification for shutting down the program. As such, the Administration violated the Administrative Practices Act. However, the judge also stated that the Department of Homeland Security could shutter the program in the future if it could offer a compelling and logical reason for doing so.
Another Judge is Poised to Strike it Down
In Texas, another federal judge is hearing arguments on whether the DACA program is constitutional or whether President Obama exceeded his authority when he announced the program. Seven states, including Texas, are asking the judge to issue a preliminary injunction forcing the government to reject any DACA renewals.
The judge, Andrew Hanen, is best known for blocking an attempt to expand DACA in 2015, called DAPA. The Obama Administration had attempted to offer deferred status to certain undocumented immigrants who had been in the United States for a number of years and had children who were citizens or legal permanent residents. Legal experts assume that Judge Hanen does not believe that DACA is legal and will, therefore, order the injunction to prevent the Trump Administration from issuing renewals. This would set up a direct conflict with the District Court ruling in the District of Columbia.
What Comes Next?
Those hoping to apply for a DACA renewal should understand that this issue will not be resolved by district court judges. Instead, the government has already sought permission to appeal the decision of Judge Bates to the intermediate appellate court, the D.C. Circuit Court of Appeals. Even the ruling from the judge in Texas might be appealed.
Once the Courts of Appeals rule, then the issue might end up in front of the Supreme Court—just as the Trump travel ban case did. How the Supreme Court will rule is anybody’s guess.
Contact Us with Questions
Unfortunately, there is no quick resolution to the DACA controversy, so those individuals who have received a deferment or are seeking deferment must live in a state of uncertainty. Fortunately, the attorneys at Kriezelman Burton & Associates are here to answer any questions that you have. We can guide you through the complicated immigration system and identify which path is best for you. To schedule a consultation with a Chicago DACA attorney, please call 312-332-2550 or send an online message.
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Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett, we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and for standing by me during such…
I used their services for my case, and everything went smoothly. Rafael and Matthew are very knowledgeable and helpful, and answered all my questions. I highly recommend them!
I have used their services since 2022, and my experience was great. My own case was successfully finished this year. I want to say Matt and Raf were of great help throughout, and also Jennifer, who attended the interview with me. I would highly recommend their services.
Mr. Jeffery and Mr. Kevin Racia were the attorneys handling a complex immigration case of mine. On the assurance of both attorneys that the case is going to be presented in a systematic way, I went ahead with confidence. I was able to become a legal permanent resident. I highly recommend Kriezelman Burton & Associates, LLC for all your immigration needs.
Thank you, thank you, thank you to the remarkable team of Khiabett Osuna, Brittani Rivera, and Rafael Rodriguez, who were responsible for the successful release from detention of one of our parishioners, husband and father of four, after over 10 weeks of incarceration. From his detention to the payment of his bail and from Immigration Court to his reunion with his family, there were blessings aplenty made possible through the…
I would like to express my sincere gratitude to my attorney, Brittni Rivera, for her professionalism and support during a very difficult time. I was in detention for 6 months, and thanks to her hard work and filing a habeas corpus petition, I was finally released. In addition, when I was released, ICE did not return my documents. Brittni did not ignore this issue — she took action and successfully…
My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
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