Mayer Brown’s DC-based litigation team secured a victory when The Middle District of North Carolina issued a nationwide injunction barring the government from applying a 2018 policy memorandum released by the US Citizenship and Immigration Services, which purported to fundamentally alter how “unlawful presence” is calculated for the more than a million people present in

The Texas Attorney General, joined by six other states, filed suit against the federal government yesterday to terminate the Deferred Action for Childhood Arrivals (DACA) program on the basis that DACA derives from an executive overreach by President Obama in 2012. The suit was filed in the Fifth Circuit in Brownsville, Texas, where a November 2015 decision overruled President Obama’s plans to protect more than 4 million individuals from deportation.

The lawsuit further complicates the fate of DACA recipients, also known as Dreamers, as other district court rulings remain active. Most recently, a  Washington, DC district judge ordered that DACA renewal applications should continue, and that new applicants may be eligible to apply if the federal government fails to justify within 90 days why DACA should cease altogether.


Continue Reading Texas and Six States Sue to Abolish DACA

On March 27, 2018, ten former officials from the US Department of Justice, Department of Homeland Security, Immigration and Naturalization Service, Federal Bureau of Investigation, and Department of Health and Human Services filed an amicus brief to the Supreme court challenging the government’s misplaced reliance of the “presumption of regularity” in the Trump Travel Ban

DACA CONTINUES AT LEAST TEMPORARILY

On Monday, February 26, 2018, the US Supreme Court declined to consider the government’s request to review a preliminary injunction issued last month by a federal court in California.  On January 9, 2018, Judge William Alsup of the US District Court for the Northern District of California issued a preliminary injunction temporarily reinstating the Deferred Action for Childhood Arrivals (DACA) program. Judge Alsup’s temporary order in Regents of the University of California, et al. v. Department of Homeland Security, et al. requires US Citizenship and Immigration Services (USCIS) to accept DACA renewal applications.  On January 13, 2018, USCIS announced its process for accepting renewal applications.  In a petition filed by the Justice Department on January 18, 2018, the government asked the Supreme Court to take the unusual step of bypassing the US Court of Appeals for the Ninth Circuit and reviewing Judge Alsup’s injunction directly.  The Supreme Court declined, thus leaving the lower court’s order in place.
Continue Reading Supreme Court Declines to Wade into DACA Mess