The Trump administration has been ordered to accept new applications for Deferred Action for Childhood Arrivals (“DACA”) benefits.

On April 24, 2018, a federal judge of the Federal District Court for the District of Columbia has held that the Trump Administration’s reasons for rescinding DACA were “arbitrary and capricious.” The court has given the Department of Homeland Security (“DHS”) ninety (90) days to better explain its decision to rescind the DACA program. If the DHS fails to sufficiently respond, the judge will reverse rescission of the DACA. The DHS will be required accept and process new as well as renewal DACA applications.

Federal judges in California and New York have also blocked the administration’s plans to rescind DACA and have ordered the DHS to accept applications for the renewal of DACA benefits. However, this recent Order went even further, ordering the administration to accept renewals and new applications for DACA benefits.

What does this mean for you?

Employers should ensure that they stay up-to-date with updates on DACA benefits, especially as they conduct I-9 Form Audits and review their employees’ work authorization documents.

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