Last night, a third federal judge ruled that Trump's ending of DACA was unlawful and opened up a possibility for new applicants–those who were eligible but never applied–to receive DACA protections in the future.
Here's what's significant about yesterday's ruling.
United We Dream explains, “Yesterday, a Federal district court judge said that Trump’s decision to kill DACA was unlawful and ordered Trump to justify why he did it within 90 days. The decision orders the government to accept new applications from people who have never had DACA before but the court paused that decision from going into effect for 90 days. This means that the ruling does not make any immediate changes and new DACA applicants cannot yet apply for the program.”
It’s important to reiterate that no new applications are being accepted at this time.
This is the third judge that’s ruled in favor of immigrant youth and against President Trump’s hateful ending of DACA. We know we have the support of not only the public but also the courts, at least for now.
While this opens the possibility of new applications for immigrant youth who were eligible but who missed out on DACA for whatever reason, whether that happens will depend on the administration's response in the next 90 days and the court's consideration of that response.
During these 90 days, potential new applicants should start saving up for application costs and service fees and visit a LUPE office to find out how to prepare to apply.
The reality is that immigrant youth cannot continue to live in this legal limbo. The courts could allow the termination of DACA in the future and still many more thousands of immigrant youth who were ineligible for DACA continue to live at risk of deportation. If Congress does not act, hundreds of thousands of immigrant youth could be exposed to the deportation machine.
It’s important for those who have or who had DACA to renew as soon as possible. The window to renew could close with any new court ruling. Receive the temporary protection and work permit while you have the opportunity.
And don't stop at renewal; join the effort to push Congress to enact permanent protections in the form of a Dream Act.