Santa Cruz County attorney advises current DACA recipients to renew early amidst latest federal judge ruling
SANTA CRUZ, Calif. (KION) Applications for undocumented students are suspended, as the fate of dreamers once again is up in the air. A federal judge ruled Friday that the Department of Homeland Security can no longer process new DACA applications, calling the program illegal.
Almost a decade since the program was established, DACA remains the only sign of relief for undocumented students to be allowed to work in the U.S. But Judge Andrew Hanen ruled that Congress didn’t grant the Department of Homeland Security the authority to create DACA in the first place.
On Saturday, President Biden announced that the Department of Justice will appeal the ruling.
"We are hopeful that the appeals in the federal court system may provide some relief," said Santa Cruz County Immigration Attorney, Matthew Weisner, "But ultimately this will be decided by our legislature and will require action from the United States Senate."
He said the decision will not impact those who are renewing DACA at this time, but it could impact them down the road. For the moment, those who have already and are just in the process of renewing can continue to file their renewals every two years.
While recipients also have an entire year after their work authorization expires to renew, if they missed the deadline, in the past, they would be able to file a new application. But since they're no longer accepting or processing new applications, those people would not be able to continue to be DACA beneficiaries.
"We recommend that everybody who currently has DACA protection renew on time and at least four or five months in advance of the expiration," Weisner said.
However, undocumented students protected under DACA don't need to fear deportation. Weisner said the decision will not impact those who are renewing their DACA at this time, but it could impact them down the road.
