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California District Court Orders DHS to Partially Maintain DACA Program

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:

  1. That new applications from applicants who have never before received deferred action need not be processed;
  2. That the advance parole feature need not be continued for the time being for anyone; and
  3. That DHS may take administrative steps to make sure fair discretion is exercised on an individualized basis for each renewal application.

(Regents of the University of California v. DHS, 1/9/18)


December 8, 2017

The Supreme Court granted the government’s application for a stay of the district court’s orders requiring the government to produce documents related to the decision to rescind DACA in order to complete the administrative record. (Regents of the University of California v. DHS, 12/8/17)


December 1, 2017

In the Supreme Court, the government filed an application for a stay of the district court’s orders requiring it to produce documents related to the decision to rescind DACA in order to complete the administrative record. (Regents of the University of California v. DHS, 12/1/17)


November 20, 2017

The district court issued a continuance allowing the government until 12/22/17 to compile and file the augmented administrative record. (Regents of the University of California v. DHS, 11/20/17)


November 16, 2017

The Ninth Circuit issued an order denying the government’s request for a stay of the district court’s 10/17/17 order requiring the government to produce documents related to the decision to rescind DACA in order to complete the administrative record. (United States v. United States District Court for the Northern District of California, 11/16/17)

The district court then issued an order requiring the government to produce the documents by 11/22/17. (Regents of the University of California v. DHS, 11/16/17)


October 20, 2017

The government filed a petition for a writ of mandamus asking the Ninth Circuit to stay the district court’s 10/17/17 order to expand the administrative record and to stay ongoing discovery in the case. (United States v. United States District Court for the Northern District of California, 10/20/17)


October 17, 2017

The district court ordered the government to produce documents related to the decision to rescind DACA in order to complete the administrative record. (Regents of the University of California v. DHS, 10/17/17)


September 8, 2017

The University of California filed a complaint challenging the rescission of the DACA program and asking the court to enjoin the implementation of the rescission. (Regents of the University of California v. DHS, 9/8/17)

 

Source: AILA Doc. No. 17091102.