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:

  1. That new applications from applicants who have never before received deferred action need not be processed;
  2. That the advance parole feature need not be continued for the time being for anyone; and
  3. 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)