Immigration law news: States sue the administra...

Immigration law news: States sue the administration over DACA

On behalf of Gahagan Law Firm, The Immigration Law Firm of New Orleans posted in Immigration Law on Tuesday, June 5, 2018.

The controversy over the Deferred Action for Childhood Arrivals program begun by the Obama administration continues to deepen. Last year, the Trump administration attempted to end the program, but when Congress failed to institute a suitable replacement for the immigration law by March 6, the program was allowed to remain in effect, which saved numerous people, including some here in New Orleans, from having to leave the country or find another legal option to remain. Now, seven states filed a lawsuit in federal court to get the program rescinded.

Courts ruled that the program would remain in place, but no one may submit a new application. This means that the approximately 700,000 people currently protected by the program may be able to remain in the country — for now. The lawsuit is supposedly more about the law than about immigration. It alleges that the Obama administration acted outside its scope of authority when it created the program back in 2012.

DACA supporters say that the lawsuit should have been filed back then, and certainly not after the courts have already ruled that the program may continue. The lawsuit requests a “winding down” of DACA, which would not cancel the permits already issued, but would prevent renewals or new applications. Therefore, when the current permits expire, the individuals who hold them would either need to leave the country or search for another avenue to remain in it.

It is possible that at least some of the permit holders would qualify to remain in the country under a different immigration law. In order to know for sure, it may be beneficial to investigate all of the possible options for legally remaining in the country. The chances of finding the appropriate avenue would more than likely increase by working with a New Orleans immigration law attorney.

Source: Reuters, “Texas sues Trump administration to end ‘Dreamers’ program“, Lawrence Hurley, May 1, 2018