On January 9, 2018, U.S. District Court for the Northern District of California issued an important ruling on the termination of the DACA program. The court granted plaintiffs’ request for a preliminary injunction, putting the rescission of the DACA program on hold until a final determination is made in the case.
The district court issued an order directing DHS to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission of DACA on 9/5/17, including allowing DACA enrollees to renew their enrollments, with the following exceptions:
- That new applications from applicants who have never before received deferred action need not be processed;
- That the advance parole feature need not be continued for the time being for anyone; and
- That DHS may take administrative steps to make sure fair discretion is exercised on an individualized basis for each renewal application.
(Regents of the University of California v. DHS, 1/9/18)