*Practice limited to federal immigration law. Licensed in NY, MA, but not in CA.

Federal Judge Rules that Trump Administration Must Restart DACA

On September 5th, 2017, President Donald Trump announced that he was ending Deferred Action for Childhood Arrivals (DACA) in sixth months. At the time he called for Congress to take action to protect Dreamers, but in the intervening period the president repeatedly damaged attempts at a DACA deal.

The six-month deadline has now come and gone, and, unfortunately, Dreamers are stuck in a confusing state of limbo as DACA lawsuits continue to work their way through the courts. On April 24th, 2018, Dreamers received some good news in the form of a favorable decision from a federal judge. In the case of NAACP et al v. Trump, Washington DC District Court Judge John Bates ruled against the president. Here, our immigration lawyer in Los Angeles highlights four important things you need to know about this decision as well as where DACA stands.

1. The Judge Ruled that the Trump Administration’s Legal Rationale was Flawed

According to President Trump, DACA itself is unconstitutional. He has publicly stated that he was ending the program for that reason. The court did not find this argument compelling. As Judge Bates wrote in the decision, the Trump Administration has never been able to explain why DACA is unconstitutional, therefore that cannot be used as the grounds to end DACA.

2. The Trump Administration Has 90 Days to Submit a New Legal Argument

Notably, the Trump Administration gets an opportunity to submit a new legal argument to the court. This decision was stayed for 90 days. During this time, the Trump Administration can submit its updated legal rationale. Though, it is unclear as to whether or not the court would accept an alternative legal argument.

3. Under this Ruling, DACA Could Restart in 90 Days

In one way, Judge John Bates has gone further than any previous judge who has weighed in on DACA. If the Trump Administration cannot submit a valid legal argument within 90 days, then the Administration would be required to restart DACA. New applicants would be able to apply for the program.

4. The Situation Remains Fluid; DACA Could Eventually Be Headed to the Supreme Court

The DACA issue is far from settled. Two other courts have already ruled against the Trump Administration on DACA. The Administration has publicly stated its intention to keep challenging DACA in the courts. It is possible that DACA will eventually make its way to the Supreme Court. Though, the nation’s highest court declined to fast-track the DACA case in February. That means it could take awhile for this issue to be fully resolved. The easiest and best solution remains the most simple one: Congress needs to pass the Dream Act.

Contact Our Southern California Immigration Lawyers Today

At the Goldstein Immigration Lawyers, our immigration lawyer in Los Angeless are closely watching all of the latest legal developments on DACA. If you or your family member needs immigration guidance, we are here to help. Please contact us today at (213) 262-2000 for a confidential consultation. With an office in Los Angeles, we serve clients throughout the region, including in Huntington Park, Southgate, Lynwood, Compton, and Lakewood.