Uncertain how long order will be in effect: Immediate Action May Be Advisable
USCIS was directed to publish information on its website by December 7 explaining that in accordance with the court order:
The court order is effective nationwide immediately.
However, DACA remains under threat and the window people have to file the applications may be small. First, the government may seek a stay of the judge’s order while appealing to the circuit court. Second, in a separate case in a federal court in Texas, a federal court is currently considering a challenge to the legality of the DACA program. Judge Hanen, who is presiding over the Texas challenge, is the same judge who ruled an expansion of the 2014 expansion of the DACA program unlawful. The next court date in the Texas case is set for December 22.
With uncertainty still reigning about the future of DACA, there may be a great advantage to filing applications immediately—before any stay of the court order and before Judge Hanen makes a ruling in the Texas case.
We recommend that anyone considering applying for DACA for the first time or applying for DACA-based travel authorization consult with an immigration attorney immediately. To consult with the attorneys at Joseph & Hall, please contact our office at 303-297-9171.
 A grant of DACA provides protection against deportation, protection against the accrual of unlawful presence, and the ability to work with DHS authorization. Applicants are qualified to request DACA if they:
On September 11, 2020, the Department of Homeland Security published a proposed regulation that would greatly expand the collection and use of biometric data in the administration and enforcement of…
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