January 16, 2018 The government filed a notice of appeal to the Ninth Circuit seeking review of the district court’s 1/9/18 order directing DHS to partially maintain the DACA program. DOJ also announced that it intends to seek direct review in the Supreme Court by filing a petition for a writ of certiorari…

On September 5, 2017, the Trump Administration rescinded the Deferred Action for Childhood Arrivals (DACA) program. For more information on the rescission of DACA, see AILA’s Practice Alert: Trump Administration Rescinds DACA.  On September 8, 2017, the University of California filed a complaint challenging the rescission of the DACA program and asking the court to enjoin…

Talking Points on DACA and the Dream Act While the decision from Judge Alsup is a positive step, Congress must not use this as an excuse to delay any longer on a permanent solution for Dreamers. The Trump administration is expected to appeal quickly, and this court decision will end up as another piece to a drawn…

January 9, 2018 The district court issued an order directing DHS to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission of DACA on 9/5/17, including allowing DACA enrollees to renew their enrollments, with the following exceptions: That new applications from applicants who have never…

  In early November, AILA received reports of DACA renewal applications wrongfully rejected by USCIS for arriving after the October 5, 2017 filing deadline. Articles in the New York Times and Vox confirmed a widespread problem and documented mail service delays by the U.S. Postal Service (USPS) that led to the rejection of a large…

  WASHINGTON, DC – Today, 34 House Republicans, including several members of the Republican Main Street Caucus, sent a letter urging Speaker Paul Ryan to put a permanent solution for Deferred Action for Childhood Arrivals (DACA) on the floor of the U.S. House of Representatives before the end of the year. Although the current DACA…

On 10/19/17, the American Council on Education sent a letter on behalf of 774 colleges and universities to congressional leaders urging them to pass legislation to protect Dreamers. Representative Paul Ryan Speaker of the House United States House of Representatives Room H-305, The Capitol Washington, DC 20515 Representative Nancy Pelosi Minority Leader United States House…

USCIS provided data on DACA terminations related to gang membership or affiliation, convictions or arrests unrelated to gang activity, and convictions or arrests of gang members or affiliates. Data is provided by fiscal year for FY2013-FY2017. DACA Terminations Related to Criminal and Gang Activity by Fiscal Year USCIS does not electronically track in its systems…

In the light of recent President Trump’s DACA initiatives, it is important to stay aware of lawful options DACA participants have to obtain a legal status and stay in the US. There are two types of immigration benefits a person can pursue. There are immigrant visas, also known as Green Cards, and non-immigrant visas. In…

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