Federal Appeals Court Says Trump Administration Cannot End DACA

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ATLANTA, Georgia. Deferred Action for Childhood Arrivals protects undocumented immigrants who were brought to the U.S. as children. Under DACA, these children are granted deferred removal proceedings and are granted a green card which allows them to come out of the shadows and work legally in the U.S. For many DACA children who were brought illegally into the country, DACA was a life-changer.

The Trump administration ordered an end to DACA, which raised uncertainty for the approximately 600,000-700,000 individuals protected by the program. According to NPR, a federal appeals court recently ruled that the Trump administration has no authority to put an end to the DACA program. While the Trump administration fights to end DACA through the courts, the administration’s plan to end the program has been put on hold until the Supreme Court can hear the case. The lower courts that have heard the case have trended liberal, but the big test will be heard at the Supreme Court where the justices now trend conservative.

According to Vox, it is entirely possible that the conservative Supreme Court will rule in Trump’s favor, leading to the overturning of DACA. It is expected that the Supreme Court will hear the case in Spring 2019 and issue a ruling by June.


What does this mean for DACA holders? It means that current DACA holders have time to renew their documents. If you need to renew, you want to act now, before the Supreme Court hears the case, regardless of the expiration date of your status. If DACA is ended, we expect that it will not cut off your work permission but will gradually end as each work permit expires.  It is better to have close to two years left if that happens. 

Given the uncertainty of the future of DACA, Immigration Equality recommends that those who have not applied to DACA not apply while the case is in litigation. However, those who are already in the system may be wise to apply for a renewal. If you have questions about whether you should apply for DACA, when you can apply for a renewal, and whether it is wise to do so in your case, consider reaching out to the Atlanta, Georgia DACA lawyers at Kuck Baxter Immigration.

There are certain risks associated with applying for DACA. If ICE or immigration authorities find that an individual doesn’t meet the requirements for DACA, the individual could face removal proceedings. Furthermore, because DACA is subject to current litigation, it is possible that the status may be revoked in the future. If you are unsure about your status, and whether you should apply for a DACA renewal, speak to the immigration lawyers at Kuck Baxter today. Individuals’ circumstances can also change from when they first applied for DACA. Some individuals may have changed circumstances that could jeopardize their DACA status, while others may have new life circumstances that can permit them to apply for an adjustment of status and other residency or visa options.

Kuck Baxter are closely watching how the DACA court cases play out. Our firm works closely with DACA individuals to help them find the best possible immigration and residency status solution. Contact us now for more information.


Kuck Baxter Immigration Partners, L.L.C.
365 Northridge Road
Suite 300
Atlanta, GA 30350
325 N Milledge Avenue
Athens, GA 30606
(by appointment only)

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Charles Kuck

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