The Trump administration is growing impatient of federal appeals court delaying its ruling on the Deferred Action for Childhood Arrivals program (DACA). The U.S. Department of Justice demands the 9th U.S. Circuit Court of Appeals to rule on the Trump administration’s decision to end DACA, the immigration program that protects unauthorized immigrants who came to the U.S. as children from deportation.
U.S. President Donald Trump is losing his patience over the DACA program, implemented by former President Barack Obama in 2012. The U.S. government wants the federal appeals court to rule on termination of DACA – or else it will ask the U.S. Supreme Court to intervene.
President Trump vs. DACA: Who’s winning?
“President Trump is trying to get his administration’s wheels turning on his plan to end DACA and terminate legal protections of hundreds of thousands of young immigrants,” says our Salt Lake City DACA attorney at Familia America.
According to VOA News, the Trump administration sent a letter to three judges from the 9th U.S. Circuit Court of Appeals demanding them to issue a ruling. It has been more than a year since the Trump administration rolled out its plan to end DACA.
In September 2017, the U.S. government unilaterally ended DACA, which has protected about 700,000 immigrants who were brought to the U.S. illegally as children or who crossed the U.S. border with families that overstayed visas. However, this past January, a district court judge blocked the Trump administration’s termination of DACA and required the U.S. Department of Homeland Security to continue the program for existing DACA recipients.
The future of DACA: Cancelled or not?
DOJ officials have previously argued that unless either 9th U.S. Circuit Court of Appeals or the U.S. Supreme Court intervenes, the district court judge’s January 2018 ruling canceling the Trump administration’s decision to end DACA could last for at least another year.
Our experienced DACA attorney in Salt Lake City explains that this is possible due to the Supreme Court’s argument calendar. And given that the district court judge’s order has been in place for more than nine months now, this scenario does not seem that far-fetched, and the Trump administration is none too happy about it.
How could the Nov. 6 midterm elections affect DACA?
With the midterm elections coming up, the future of DACA remains unclear. As the Trump administration continues to clash with the 9th circuit over DACA, putting more Republicans in the House of Representatives could bolster the President’s arguments for ending DACA.
Previously, the Trump administration attempted to bypass the appeals court and have DACA lawsuits heard directly by the Supreme Court, but these attempts have fallen flat.
DACA eligibility: get a consultation
As the Trump administration continues to clash with the appeals court, individuals eligible for DACA continue benefiting from the program that protects them from being placed in Removal Proceedings. “While being a DACA recipient does not provide you lawful status or opens the door to getting a green card, nonetheless, it is a status that provides you with work authorization in the U.S.,” explains our Salt Lake City DACA attorney.
The DACA status is valid for two years (afterwards, it must be renewed). In order to be eligible to apply for DACA, you must show evidence of all of the following:
- You were under the age of 31 as of June 15, 2012
- You crossed the U.S. border before you turned 16
- From June 15, 2007 until the filing date, you have continuously resided in the United States
There are a few other conditions that must be met in order to apply for DACA in Utah. Schedule a consultation with our lawyers from Familia America to discuss your DACA eligibility. Call at 801-656-9605 today.