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Recent DACA Ruling and what it means for those protected by DACA.

Updated: Jun 4, 2020

Louisville, Kentucky.

For now, it means the same thing it did during its formation under the Obama administration, thousands of children of undocumented immigrants are still protected from deportation actions by the government. The DACA (Deferred Action Childhood Arrivals) program remains intact for now.

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A decision handed down by Brooklyn, New York, U.S. District Judge, Nicholas Garaufis this Tuesday:

"The decision to end the DACA program appears to rest exclusively on a legal conclusion that the program was unconstitutional. Because that conclusion was erroneous, the decision to end the DACA program cannot stand." U.S. District Judge, Nicholas Garaufis, Tuesday, February 13, 2018.

Well, what was the erroneous conclusion you ask? The constitutionality of the DACA program itself. Is it unconstitutional?

According to the Tale of Two recent U.S. District judges in two cities, an earlier ruling in January in San Francisco, California by U.S. District Court Judge William Alsup and today Brooklyn, New York U.S. District Judge Nicholas Garaufis, who ruled Tuesday that rescinding the Obama-era program as proposed by the Administration would be illegal.

The final point during the ruling, Brooklyn, New York U.S. District Judg

e Garaufis indicated in his ruling that Jeff Session, Attorney General of the United States, erred in concluding the DACA program was unconstitutional because it was enacted by the Obama administration without Congressional authority. Garaufis said, “…every modern presidential administration” has created programs that have shielded certain aliens from deportation.

Garaufis was quick to clarify three points in conclusion:

  1. His order does apply nationwide

  2. It does not mean that any DACA applicant must be automatically granted an extension.

  3. The U.S can revoke individual DACA recipient’s deferred deportation status.

Conclusion: For now, the order for the deportation of nearly 800,000 children of undocumented immigrants (DACA recipients) remains blocked.

If you, or someone you know is currently worried about their DACA status or have citizenship/immigration concerns, we invite you to consult with our experienced immigration lawyers at the O’Brien Law Group in Louisville, Kentucky.

When it comes to your DACA status our qualified Kentucky immigration lawyers at the O'Brien Law Group serving the greater Lexington and Louisville, Kentucky area can help you navigate the complex immigration system.

To learn more about your DACA status or any other legal immigration concerns visit our website at


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