September 13 2018

A the end of last month, a federal judge in Texas rejected a request by the Texas Attorney General and the attorneys general of six other states to place an immediate injunction against DACA, and put Dreamers back in a state of legal limbo. Based on this judge’s past track record, many expected him to impose the injunction.

In his explanation, the judge, Andrew Hanen, said the states had waited too long — years in fact — to claim that DACA was causing a burden for them. In his opinion, the judge wrote that implementing an injunction now would be “contrary to the best interests of the public.”

Judge Hanen’s welcome move gives Dreamers more time to renew their DACA status.

Still, the threat to DACA is not over, as the underlying case before Judge Hanen will proceed and Hanen hinted strongly that he’s likely to ultimately rule against the legality of DACA. A decision in that case will take several months, at least.  In the meantime, the Texas Attorney General has until September 21 to appeal the judge’s decision to the Fifth Circuit Court of Appeals.

The National Immigration Law Center has a detailed analysis of the case and is urging those who have, or previously had, DACA status to consult with “an attorney or Board of Immigration Appeals–accredited representative and decide as soon as possible whether to submit renewal applications.”

Click here to find assistance in California, and here for resources nationwide. There are still funds available to help with the cost of the DACA application.

 Help a DACA recipient pay for their renewal fees by donating to the DACA Renewal Fund here.

 

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