Questions and answers on Friday’s DACA ruling

U.S. federal judge Andrew Hanen has enjoined the Deferred Action for Childhood Arrivals program. The injunction applies to new DACA applications and renewals not approved by July 16.

DACA grants certain undocumented youth the right to live and work in the United States free from fear of deportation. DACA holders can also get permission to return to the U.S. after traveling abroad. Hanen found “legal defects” in the way the Obama administration implemented DACA. The Biden administration has promised to defend DACA, but for now, DACA continues for people who have it. U.S. Citizenship and Immigration Services may not approve new DACA applications nor approve renewals. You may file a new application or renewal, but USCIS will just hold your application pending possible reversal of the judge’s decision on appeal.

Here is what you need to know about the court decision.

Q, Who is primarily impacted by the Hanen ruling?

A. The main impact is on undocumented youth who qualify for DACA, but who have yet to have USCIS approve their cases. To apply for DACA, an applicant must be at least age 15. Many thousands who qualified under the Obama guidelines recently — either because they just turned 15 or who didn’t apply because they were afraid to apply under the Trump administration — are now not eligible.

Q. I have DACA. Can I continue to work and live here safe from deportation?

A. Those who have DACA may remain in that status. However, you cannot get an extension of your DACA status.

Q. What happens to DACA applications and renewal requests that are pending?

A. USCIS will hold those pending an appeal of Judge Hanen’s decision.

Q. I filed for DACA for the first time after President Joe Biden opened the program for new applicants. Will Immigration and Customs Enforcement try to deport me?

A. No. Even before this court decision, the Department of Homeland Security announced that it was going back to the Obama-era rules regarding arrest and detention of undocumented immigrants. Unless you have a serious criminal record, ICE should leave you alone. That’s true even if USCIS has your address because you applied for DACA.

Q. Can I travel abroad with USCIS travel permission?

A. If USCIS has already granted you travel permission, called “advance parole,” you are safe to travel abroad if you return before your advance parole document expires. I expect USCIS to suspend new parole grants.

Q. What’s next for DACA?

A. Congress is considering legislation that would provide a path to U.S. citizenship for DACA holders and other immigrant youth. If DACA holders and their supporters put enough pressure on Congress, it may finally provide relief for immigrant youth. The Biden administration has said it will appeal Hanen’s decision and perhaps also propose a new DACA program curing the legal defects that concerned the judge. Stay tuned.