California District Court Enjoins DACA Rescission, Temporarily Halting Program Wind-Down

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January 9, 2018

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Late last year, the Trump Administration announced that it would rescind the Deferred Action for Childhood Arrivals (“DACA”) program, implementing a plan to wind down the DACA program over six months.  On January 9, 2018, Judge William Alsup of the U.S. District Court for Northern California issued an injunction on this decision, ordering the Trump Administration to maintain the DACA program, with few exceptions.  This injunction has since been challenged by the U.S. Department of Justice. A timeline of this ongoing matter is summarized below.

  • September 5, 2017: The Department of Homeland Security issued the Memorandum on Rescission of Deferred Action for Childhood Arrivals (DACA), announcing how the DACA program would be gradually rescinded.
  • January 9, 2018: As part of United States Department of Homeland Security v. Regents of the University of California, Judge Alsup orders a partial injunction on the rescission, requiring the DACA program to continue on the same terms and conditions prior to the September 5th memo, with three exceptions:
    • The DHS does not need to accept or process new applications from those who have never received deferred action;
    • The DHS does not need to grant anyone advance parole under DACA; and
    • The DHS may take administrative steps to ensure fair discretion is exercised on a case-by-case basis for each renewal application.
  • January 13, 2018: To comply with the federal court’s ruling, the USCIS announced resumption of processing DACA renewal and initial applicants, obeying the exemptions carved out above.
  • January 16, 2018: The U.S. Department of Justice petitioned for a writ of certiorari, requesting that the Supreme Court hear the case rather than seeking a stay of the injunction from the Ninth Circuit Court of Appeal.

Employers should note that DACA recipients are not allowed to work if their current Employment Authorization Document expires, even if they are awaiting an approval of an application to extend it.

Action Items

  1. Continue to look for updates on the status of the DACA program.
  2. Track Form I-9 work authorization expirations.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

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