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Federal Judge Orders Reinstatement of DACA | What You Should Know

Recently, a federal district judge ruled that the Trump Administration must reinstate the Deferred Action for Childhood Arrivals program. As you know, the fate of this program remained largely uncertain for the duration of the Trump presidency, and though this is a step in the right direction for DACA recipients, the future of DACA is still largely unclear. Read on and reach out to our knowledgeable New Jersey immigration attorney to learn more about DACA, what the recent order means, and how our firm may be able to help you. Here are some of the questions you may have:

What is DACA and how did we get to this point?

DACA was first passed into law on June 12, 2020, and it was designed to give certain children who came into the U.S. illegally the right to request consideration of deferred action for two years. This program was then expanded in 2014 under the Obama Administration by eliminating the age cap and extending application deadlines. However, under the Trump Administration, USCIS put a halt on accepting DACA applications and shortened the two-year deferred action to one year in 2017. That being said, most recently a federal judge ordered DACA to be reinstated. Though it is not clear whether this will come to fruition, as there is a 6-3 conservative Supreme Court. However, DACA is to be reinstated, over 300,000 illegal immigrants may have a route to apply for DACA.

How can I reapply for DACA if it is reinstated?

If DACA is reinstated, as long as you qualify, you will file a Form I-821D, Consideration of Deferred Action for Childhood Arrivals. This Form comes with a $450 filing fee. That being said, you must first determine whether you will qualify for DACA, to begin with. Some of the various qualifications that you must meet to qualify for protections under DACA are as follows:

  • You must have come to the United States before the age of 16
  • You must be younger than 31 years old on June 15, 2012
  • You must prove continuous residency in the United States since June 15, 2007
  • You must prove that you either entered the United States unlawfully or that you fell out of status before June 15, 2012
  • You must either be in school, graduated from a high school, or have a GED
  • If you have been convicted of a felony or a certain misdemeanor, you will most likely not qualify

Contact our experienced New Jersey firm

We understand how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.