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Friday, July 17 2020

The Trump administration must begin accepting new applications for the Obama-era program that shields undocumented immigrants who came to the US as children from deportation that do not have a criminal record, a federal judge ruled Friday.

The order comes nearly a month since the Supreme Court blocked the Trump administration's attempt to end the Deferred Action for Childhood Arrivals program. That ruling emphasized that the administration failed to provide an adequate reason to justify scrapping DACA.

Judge Paul Grimm of the US District Court for the District of Maryland said Friday that the program is to be restored to its "pre-September 5, 2017 status," meaning the status quo before President Donald Trump tried to terminate it, thereby giving hundreds of thousands of DACA-eligible immigrants the opportunity to apply.

However it may still be wise before filing a new, first time DACA application to wait until there is better guidance issued by USCIS to ensure proper filing. 

To qualify for DACA one must:

  1. Have entered the United States under the age of 16,
  2. Be currently enrolled in school, have graduated high school (or GED), OR willing and eligible to serve in the military,
  3. Have been in the United States since June 15, 2007, AND
  4. Have a minimal criminal record. (No felonies, DUI's, or high-level misdemeanors. Minor traffic and most minor misdemeanor crimes should not cause a problem.)

To learn more about filing for DACA click here...

Posted by: Christopher M. Pogue, Esq AT 02:57 pm   |  Permalink   |  Email
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