Story DACA

Federal Judge Strikes Down Government's Rescission of DACA




​A third federal judge in Washington, DC struck down the government’s rescission of DACA.  The two prior court decisions resulted in the government reopening the DACA program to process renewal applications for individuals previously granted DACA. 

In his April 24, 2018 ruling, Judge Bates went a step further than the two prior decisions, and could ultimately force the government to vacate its September 5, 2017 decision to rescind DACA in its entirety.  If that happens, the government would be required to accept DACA applications for individuals meeting eligibility criteria—even if the individual had never before applied or received DACA.  The ruling would also require the government to process applications for advance parole, allowing DACA recipients to apply for permission to leave the country and be allowed re-entry. 

The ruling does not go into effect for 90 days, and potentially may not be enforced.  The court granted the government 90 days to “better explain its rescission decision.”  The court found the government’s decision to end DACA “was arbitrary and capricious because the Department failed adequately to explain its conclusion that the program was unlawful.”  If the government reissues a new memorandum of rescission that satisfies the court, it is possible the ruling will not go into effect. 

We will continue to keep you posted on new developments in this case and other related legal challenges to DACA.