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DACA Is Back: How Criminal Cases Can Impact DACA Applicants

Posted by Renée Yvonne Gardner | Dec 07, 2020


December 7, 2020

NBC News reports that on Friday, December 4, 2020, a New York Federal judge restored the Obama-era “Deferred Action for Childhood Arrivals” program (DACA for short) which President Donald Trump has tried to end since September 2017. This ruling will swiftly grant thousands of immigrants whose parents brought them to the U.S. as young children the ability to continue to work and study in U.S.

President Obama's DACA Terms Apply

NBC reports that U.S. District Judge Nicholas Garaufis' ruling fully reinstates the DACA program, based on the terms established under former President Barack Obama's administration.


DHS Acting Secretary Acted Unlawfully

In July 2020, Chad Wolf, the acting secretary for the Department of Homeland Security, suspended DACA pending a “comprehensive” review, NBC reporter Dartunorro Clark explained.

In November 2020, Judge Garaufis ruled that Wolf has not been acting lawfully as the chief of the Department of Homeland Security. So, Wolf's suspension of protections for a class of migrants brought to the United States illegally as children is invalid, the report explained.


DHS Ordered To Post Prominent Public Website Notice

Judge Garaufis also ordered the DHS to post a prominent public notice on its website by Monday, December 7, 2020. The purpose is to accept first-time applications, renewal requests and advance parole requests based on “Obama-era” rules, and to ensure that work permits are valid for two years.


Gardner Law Works Hand In Hand With Immigration Attorneys

I am Renee Yvonne Gardner, the attorney at Gardner Law. Here's my advice to DACA applicants: You must meet certain legal requirements before applying for DACA or trying to renew it. One such requirement deals with the applicant's pending criminal cases and their criminal history. While I don't handle immigration cases, I do work hand in hand with immigration attorneys to pursue the best solution for our mutual clients, at the intersection of criminal law and immigration law.

Gardner Law Can Work On A DACA Applicant's

Criminal Cases

In a case that is still pending in criminal court, my representation can impact a DACA applicant. All criminal cases have potential immigration consequences that must be explored and analyzed. I can work toward trying to achieve a more immigration favorable or immigration neutral solution. This criminal defense representation has the potential to open doors that might otherwise be closed, in terms of a young person's efforts to try and achieve immigration status through DACA. Criminal cases must generally be resolved before applying for DACA for the first time or applying to renew it. Check with your immigration attorney to be sure about what to do in your particular case.

Gardner Law Can Work On A DACA Applicant's

Criminal Record

Next, if the young person already has a criminal record, I can provide representation in a DACA applicant's need to try and obtain post-conviction relief in the criminal court. If you have any type of criminal record, do not apply for DACA for the first time, nor try to renew your DACA, until you first consult with an immigration attorney. They will carefully analyze whether that is a good choice based on your particular record. If your immigration attorney says it is advisable, I can pursue post-conviction relief for you. Certain types of post-conviction relief have the potential to make or break the success of DACA applications of applicants who appear to be otherwise eligible for this program. The specific type of relief you might qualify to pursue depends on particular details of your criminal history and the advice of your immigration attorney.

If you are seeking to apply for DACA, have a criminal case pending, or already have a criminal record, call me Law today at (408) 214-5555 or message me here: click to send a message

I also speak Spanish.

Source: Clark, Dartunorro (2020, Dec 4). NBC News. “Federal judge reinstates DACA, orders Homeland Security to quickly accept new applicants.”

About the Author

Renée Yvonne Gardner

Gardner Law's attorney Renée Yvonne Gardner represents auto accident wrongful death cases, serious personal injuries from auto accidents, slip and falls and dog bites, and assists consumers with disputes (small claims court assistance $12,500 or less claims for goods or services).

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