While Congress continues to try to find an acceptable solution for “Dreamers,” a federal judge in San Francisco has ruled that DACA must remain in place while litigation over President Donald Trump’s decision to wind down the program is pending. Judge William Alsup issued a nationwide injunction directing the Trump Administration to re-start the program. This means that any DACA recipients who were unable to submit status renewal applications by last fall’s deadline should have that opportunity now.

The case, one of several similar suits currently pending, was brought by California Attorney General Xavier Becerra and joined by others, including universities and the Attorneys General for Maine, Maryland, and Minnesota.  Janet Napolitano, Secretary of Homeland Security when the Obama Administration instituted the DACA program and current President of University of California system, is one of the lead plaintiffs in the case. Becerra vowed to fight for the Dreamers “at every turn for their rights and opportunities so they may continue to contribute to America.” Judge Alsup’s nationwide injunction is at least an initial victory for DACA proponents.

The court found the plaintiffs would suffer irreparable harm if DACA is terminated in March 2018, before litigation over the rescission is resolved. On the merits, Judge Alsup doubted whether DACA was put in place illegally, because DHS has the authority to grant temporary protections from deportation. In support of his decision, Judge Alsup referenced some of Trump’s recent tweets. He stated that the program’s benefits were summed up by Trump’s tweet saying, “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!”

Devin O’Malley, a Justice Department spokesman, said the Department “will continue to vigorously defend [President Trump’s rescission] . . . and looks forward to vindicating its position in further litigation.”

Judge Alsup’s order does not require the government to accept new DACA applications. The government could still prevent DACA recipients from returning to the United States after travel abroad.

If you have questions about how to renew DACA status during this window of opportunity, please contact your Jackson Lewis attorney.

 

Print:
EmailTweetLikeLinkedIn
Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.