Thread: Feds resume accepting renewals from 'Dreamers'

Feds resume accepting renewals from 'Dreamers'

Move to resume DACA program follows court order.



01/13/2018 09:57 PM EST

The Trump administration announced Saturday that it is complying with a federal court order by again allowing so-called 'Dreamers' to renew their quasi-legal status and work permits they enjoyed under a program that started in 2012.

U.S. Citizenship and Immigration Services, a division of the Department of Homeland Security, posted an update on its website Saturday evening saying that the renewal process for recipients of Deferred Actions for Childhood

Arrivals will resume effective immediately, despite the administration's announcement in September that it was winding down the Obama-era initiative.

"Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA," the announcement said.

On Tuesday, U.S. District Court Judge William Alsup issued a preliminary injunction effectively blocking the decision to end the program. The judge, who's based in San Francisco, said Attorney General Jeff Sessions' conclusion that DACA was illegal was "based on a flawed legal premise."

President Donald Trump slammed the decision on Twitter Wednesday, suggesting it was part of a pattern of anti-administration rulings from judges in the West.

"It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts," Trump wrote.

Alsup issued another ruling in the dispute Friday, saying plaintiffs in some of the five suits he is overseeing can proceed with legal claims that the cancellation of the program was driven by racism Trump expressed on the campaign trail in 2016.

Despite Trump's complaints about the judge's order, the Justice Department has yet to file an appeal or request a stay of the four-day-old injunction.

USCIS had no immediate comment beyond the post. Spokespeople for the Justice Department and the Department of Homeland Security did not immediately respond to questions about Saturday's announcement.

Some immigrant-rights advocates urged those eligible to renew their DACA status to move quickly.

"Use this weekend to get well-informed re requirements & prepare your renewal #DACA application. Remember new applicants aren’t eligible," Marielena Hincapie of the National Immigration Law Center wrote on Twitter
Saturday night. "This might also be a short window to file #DACA renewals given feds are likely to appeal."

Trump has said he supports legislation to allow so-called Dreamers to remain in the U.S. legally, but he has insisted that such a bill include funding to expand the wall along the U.S. border with Mexico and to rein in laws that allow U.S. citizens and legal residents to petition for legal status for their relatives overseas.

Trump has held at least two meetings with legislators in the past week to discuss potential DACA legislation, but at the moment the talks appear to be at an impasse.

"I don’t believe the Democrats really want to see a deal on DACA. They are all talk and no action," the president wrote on Twitter Saturday morning. "This is the time but, day by day, they are blowing the one great opportunity they have. Too bad!"

https://www.politico.com/story/2018/...cepting-340217

Just let DOJ carry this monkey. Walk away from the "deal" and AMNESTY BLACKMAIL, move on with your agenda.

"Let the courts decide."

Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction

Versión en español

Jan. 13, 2018, Update: Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.


Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D (PDF), Form I-765 (PDF), and Form I-765 Worksheet (PDF), with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the instructions to the Form I-821D (PDF) and Form I-765 (PDF). USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. USCIS will not accept or approve advance parole requests from DACA recipients.
If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request. Please list the date your prior DACA ended in the appropriate box on Part 1 of the Form I-821D.


If you previously received DACA and your DACA expired before Sept. 5, 2016, or your DACA was previously terminated at any time, you cannot request DACA as a renewal (because renewal requests typically must be submitted within one year of the expiration date of your last period of deferred action approved under DACA), but may nonetheless file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions. To assist USCIS with reviewing your DACA request for acceptance, if you are filing a new initial DACA request because your DACA expired before Sept. 5, 2016, or because it was terminated at any time, please list the date your prior DACA expired or was terminated on Part 1 of the Form I-821D, if available.


Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. Further, deferred action under DACA does not confer legal status upon an individual and may be terminated at any time, with or without a Notice of Intent to Terminate, at DHS’s discretion. DACA requests will be adjudicated under the guidelines set forth in the June 15, 2012 DACA memo (PDF).
Additional information will be forthcoming.

Last Reviewed/Updated: 01/13/2018



https://www.uscis.gov/humanitarian/d...ary-injunction

Happy Days for General John Kelly, President Trump's Chief of Staff, and Kirstjen Nielsen, the Department of Homeland Secretary. Both have advocated for legalization of DACA recipient illegal aliens.

What about Advanced Parole? Can they use that loophole now for legalization and citizenship?

I don't know, GeorgiaPeach. They'll have whatever rights they have under the original DHS MEMO of 2012 and US Immigration Law until the US Supreme Court decides otherwise.

How long are these renewals...they had better NOT be for 3 years!

WE WANT DACA TERMINATED BY THE COURT AND WE WANT THEM DEPORTED!