When a window of opportunity opens up, it’s best to act before that window closes.
That advice is particularly useful for “Dreamers” in today’s immigration world.
On February 26th, the Supreme Court chose not to review an expedited appeal on the injunction stopping the Trump Administration from rescinding DACA. This extends a window of opportunity—a window that may be very short lived.
Recent U.S. District Court injunctions have forced the United States Citizenship and Immigration Service to continue accepting applications for DACA. However, USCIS is accepting only renewal applications at this time.
Now is the time to act. Filing a renewal application allows previous DACA recipients to extend the time that they are protected under DACA and authorized to work.
The Trump Administration’s appeal of the injunction will now be reviewed by the Ninth Circuit. If the injunction is upheld, the Supreme Court could be petitioned to review it. At any time, the courts could overrule the District Court’s injunction, effectively ending DACA and its related protections. However, those with valid work permits authorized through DACA will continue to have those protections in place until they expire—even if an appellate court ends the injunction.
ABOUT THIS AUTHOR
Kelly O’Reilly is a founding partner with Wilner & O’Reilly, APLC, and a former Immigration Officer with Citizenship and Immigration Services in Los Angeles and Orange County. With over 18 years working as an immigration attorney, he is an expert in all facets of Immigration Law and one of the best immigration attorneys serving Orange County and Riverside County. A native of Fresno, California, Mr. O’Reilly received his law degree from the University of La Verne, College of Law and his Bachelor of Science degree from Brigham Young University. A former missionary in Hong Kong, Mr. O’Reilly has a great love of Chinese culture and is conversant in Cantonese.
Taylor Kenck is an associate attorney at Wilner & O’Reilly, APLC. His practice is focused on removal defense. Mr. Kenck is admitted to the State Bar of Washington. Mr. Kenck is fluent in Spanish. For his undergraduate studies, Mr. Kenck focused his studies on Spanish, English, and pre-law courses. He was actively involved in leadership in the Latino Student Association, the Spanish Honors Society, and Pre-Law Society. Prior to joining the firm, he worked for the Washington State House of Representatives as a Legislative Assistant. He worked closely with state and local government leaders, including many leaders from the immigrant community. Mr. Kenck received his law degree from the J. Reuben Clark Law School of Brigham Young University.