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Will DACA be Reinstated or Terminated?

August 15, 2018

In April, a U.S. District Court for the District of Columbia judge ordered the Department of Homeland Security (DHS) to reinstate the DACA program and gave DHS 90 days to provide legal justification for rescinding the program. On August 3rd, Judge John Bates found that the legal justification provided by DHS was insufficient and reaffirmed that the rescission of DACA was unlawful. While this ruling does not immediately impact current or future DACA recipients, if DHS does not file an appeal, the government will be required to begin accepting new DACA applications on August 23rd. However, another federal judge in Texas will soon hear a similar argument in a case attempting to completely shut down DACA. It looks like (but not yet known) DACA is headed to the U.S. Supreme Court. We will closely monitor the federal litigation and provide updates as the DACA legal proceedings continue.

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