The Current State of DACA Litigation and Legislation
Securing a DACA attorney in Salt Lake City now can improve your chances. Contact the experienced lawyers at Familia America Immigration today.
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The Current State of DACA Litigation and Legislation

Sep 8, 2018 Familia America DACA Immigration

Back in March of 2018, DACA was scheduled to terminate based on a September 2017 announcement by President Trump. Congress was challenged to negotiate a solution to avoid the termination, but while negotiations followed, so did litigation, leading to the filing of an injunction.

Federal courts required DHS to continue to take DACA renewal requests, even past the March deadline, meaning you still have some time to work with a DACA attorney in Salt Lake City. The next ruling will likely come from the U.S. Court of Appeals, and then possibly move on to the U.S. Supreme Court. The future of DACA is in peril as pending bills have not passed due to being blocked in either the Senate or the House.

To try and implement a more permanent solution, Representative Carlos Curbelo (R-Fla.) headed up the charge to force a House vote through a discharge petition in an attempt to bypass the Speaker of the House and introduce a bill to the floor. The petition required a simple majority of 218 votes, including all House Democrats and an additional 25 Republicans. Unfortunately, the petition was two votes short, leading to Speaker Paul Ryan’s proposal to vote the following week on two immigration bills which both failed to pass.

At this point, everyone who has had or currently has DACA should continue to renew it. If your DACA has not been terminated or expired but expires in the next 150 days, talk to your DACA attorney in Salt Lake City about applying to renew ASAP.

If your expiration is still 151-365 days away, you can apply to renew now. It’s likely to be adjudicated despite the length of time before expiration.

For those whose DACA expires more than a year from now, USCIS may not adjudicate your case that far in advance, but you should renew DACA before the program ends. In some cases, the application can be adjudicated with more than a year left before expiration.

If your DACA has already been terminated or expired for more than a year, you’ll need to submit your renewal as an initial application complete with supporting documents to prove your eligibility. Do so ASAP to ensure you can be approved.

When your DACA expired less than a year before applying for renewal, you can submit the same DACA renewal forms as those with unexpired DACA do. As with the initial application, you should file as soon as possible.

Keep in mind that if you apply more than a year before your DACA expiration date, it may be renewed for two years starting on the renewal approval date which might cut the total amount of time short for which you can have DACA. Also, those that are denied because they have more than a year before expiration or for another reason, may lose their filing fee.

Those who file to renew before litigation cancels the program and who remain in DACA status could potentially be eligible for special access to future benefits programs or be grandfathered into the program. Securing a DACA attorney in Salt Lake City now can improve your chances. Contact the experienced lawyers at Familia America Immigration today.

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