DACA Ruling Declares The Program Unlawful: Not Good, But Expected, Says California Immigration Attorney Lina Baroudi

Industry: Legal Services

The U.S. District Court for the Southern District of Texas has ruled the Deferred Action for Childhood Arrivals (DACA) program illegal. The court's decision was released on September 13, 2023, echoing a similar judgment from the U.S. Court of Appeals for the Fifth Circuit in October 2022.

San Jose, CA (PRUnderground) October 10th, 2023

“While this decision isn’t good news, it was expected. We’ve been closely monitoring the legal landscape surrounding DACA, and it’s clear that this is a continuation of the legal challenges that the program has faced. However, our commitment to supporting DACA recipients and immigrants remains unwavering”, immigration attorney Lina Baroudi of the Law Office of Lina Baroudi said.

As the legal landscape evolves, it’s essential to understand the implications of this decision and how individuals affected by it can navigate these uncertain times.

Judge Hanen’s Determination

In his sweeping judgment, U.S. District Court Judge Andrew Hanen underscored that the Biden administration’s 2022 final rule on DACA essentially mirrored the 2012 Department of Homeland Security (DHS) memorandum that originally instituted DACA.

Consequently, Judge Hanen concluded that the new DACA rule, designed to bolster the program, could not withstand legal scrutiny. Although the 2022 rulemaking process rectified the procedural deficiencies of the 2012 memorandum through formal “notice-and-comment” rulemaking, Judge Hanen argued that substantively, there were “no material differences between the two programs.”

He further contended that the final rule “suffers from the same legal impediments” as the 2012 memorandum.

Impact on Current and Prospective DACA Recipients

Judge Hanen has upheld the injunction and order suspending DACA rules for current DACA recipients.

This means that existing DACA beneficiaries can continue to work legally in the United States, remain protected from deportation, and renew their status, albeit on a temporary basis. This status quo remains in place while litigation surrounding the DACA policy unfolds.

However, while current DACA recipients find temporary relief, new applicants are barred from having DACA petitions adjudicated. This includes individuals who would have been eligible for protections but were too young to apply before the processing of new applications was mostly halted in 2017. Consequently, many Dreamers graduating high school and entering college or the workforce currently lack DACA protection.

Moreover, the ruling may introduce new constraints on using advance parole for DACA recipients. This provision allows program recipients to travel overseas for urgent humanitarian reasons or a significant public benefit.

How an Immigration Attorney Can Help

In these uncertain times for immigration policy, immigration lawyers are more important than ever. The Law Office of Lina Baroudi is committed to assisting individuals affected by the recent DACA ruling and those navigating the complex immigration landscape.

Here are a few ways an immigration attorney benefits you.

1. Legal Experience and Guidance

Immigration law is notoriously intricate, with regulations and policies that can change rapidly. An immigration attorney possesses in-depth knowledge of these laws and stays abreast of the latest developments. They can assess your situation, helping you understand the legal nuances, rights, and responsibilities specific to your case.

2. Personalized Solutions

Every immigration case is unique, and cookie-cutter solutions rarely suffice. Immigration attorneys take the time to understand your circumstances, aspirations, and challenges. They craft tailored legal strategies to address your specific needs and goals, whether it involves DACA, green card applications, visa issues, or other immigration matters.

3. Navigating Complex Procedures

Immigration processes often involve intricate paperwork, stringent deadlines, and numerous government agencies. A skilled attorney streamlines these procedures, ensuring all documentation is prepared, filed, and submitted promptly. This reduces the risk of delays, denials, or other complications jeopardizing your immigration status.

4. Advocacy and Representation

Immigration attorneys serve as staunch advocates for their clients. They represent your interests in court, at immigration hearings, or during interactions with government officials. Their expertise in presenting compelling cases can significantly increase your chances of a favorable outcome.

5. Staying Informed and Up-to-Date

The ever-evolving nature of immigration law requires constant vigilance. Immigration attorneys stay informed about changes in policies, regulations, and legal precedents. They adapt your case strategy accordingly to maximize your chances of success, even in the face of shifting immigration dynamics.

6. Emotional Support and Reassurance

Immigration processes can be emotionally taxing, filled with uncertainty and stress. An immigration attorney not only provides legal counsel but also offers emotional support. They understand the human side of immigration and can help you navigate the emotional challenges that often accompany immigration-related issues.

7. Exploring Options Beyond DACA

For those impacted by the recent DACA ruling, an immigration attorney can explore alternative legal avenues to secure your status in the United States.

In times of change and uncertainty, having a dedicated immigration attorney by your side can make all the difference. The Law Office of Lina Baroudi remains committed to serving DACA recipients, Dreamers, and all those affected by immigration challenges.

For more information about Lina Baroudi or to schedule a consultation with her team at The Law Office of Lina Baroudi in San Jose, visit their website at https://www.linalaw.com/.

About Law Office of Lina Baroudi

The Law Office of Lina Baroudi, located at 2670 S. White Rd., Ste. 260, San José, CA 95148, is dedicated exclusively to immigration law. Ms. Baroudi’s personal and professional commitment to immigrant rights stems from her own immigration journey as a young child from Syria to the United States. Her approach to each case is marked by compassion, empathy, and an unwavering commitment to success.

With over a decade of experience as an immigration attorney and more than two decades in the immigration law field, Lina Baroudi is a trusted advocate. She has been recognized in the California 2015-2020 Rising Stars List by Super Lawyers, an honor awarded to no more than 2.5 percent of attorneys in the state.

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