Abogado Ray Ybarra Maldonado provides an update on recent development on DACA case at 9th Circuit Court of Appeals.
On March 15, 2018 the 9th Circuit Court of Appeals issued an order in the pending DACA case, Regents of the University of California, et. al, v. Department of Homeland Security et. al. As previously reported the United States Supreme Court rejected the Trump Administration’s attempt to bypass the 9th Circuit Court of Appeals. The order from the 9th Circuit on March 15 granted in part and denied in part a motion to expedite proceedings. The Court granted the motion to expedite having the case placed in front of a panel, and asked the Clerk of the Court to assign to a random panel as early as May of 2018. The Court denied ordering that a decision from this panel also be expedited, however, either party can ask the panel to expedite their decision once they know who is assigned to the case.
This means that a decision from the 9th Circuit Court of Appeals could come as early as May or June of this year. If the decision overturns the Northern District Court of California’s Preliminary Injunction, this could mean that USCIS could stop accepting DACA renewal applications. It is unclear how USCIS would proceed given that one Judge in New York has also previously ordered USCIS continue accepting renewal applications.
Given Congress’s absolute neglect of the Dream Act, the results of the Court decisions are extremely important. Just yesterday Trump stated he was upset with Democrats for not including Dreamers and his wall in the latest budget. Obviously this was simply a political stunt and he had no intention of shutting down the government to support Dreamers. Both major political parties need to stop using Dreamers as a political football and instead pass a clean Dream Act.