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Court Orders DHS to Accept DACA Renewals

January 11, 2018

On January 9, 2018, the U.S. District Court for the Northern District of California issued an order to the Department of Homeland Security (DHS) to maintain part of the DACA program. Below is a summary of the order:

• DHS is only required to process renewal applications. DHS is not required to process applications for individuals who have not
previously applied for and received DACA benefits.

• DHS is permitted, but not required, to maintain the bar on advance parole applications based on DACA benefits.

• DHS should take steps to ensure that discretion is exercised fairly for each renewal application.

• DHS maintains discretion to take enforcement actions against those who pose a risk to national security or public safety.

The court also directed DHS to post notice of accepting renewal applications. As of January 11, 2018, the USCIS website states, “This page is under review. More information is forthcoming.” If your DACA is expiring, please contact our office in anticipation of further guidance.

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