Federal judge upholds DACA, campus community remains unsettled

Thursday, April 26, 2018

After months of uncertainty, a federal judge ruled Tuesday that the Deferred Action for Childhood Arrivals program, or DACA, must stay in place, after the Trump administration rescinded the program in September 2017.

If the Trump administration does not provide an adequate justification for rescinding DACA within the next 90 days, the government will have to accept new DACA applications, under D.C. judge John D. Bates’ ruling.

The judge’s ruling does not “change anything immediately,” according to Linda Tam, a lecturer at the UC Berkeley School of Law and the director of the immigration clinic at the East Bay Community Law Center.

The UC has spoken against Trump’s decision to rescind DACA and even suedthe federal government in September 2017 over DACA’s repeal.

“We look forward to further defending our case on appeal on behalf of the thousands of DACA recipients who study at UC,” said a statement from the UC Office of the President. “These students, and all DACA recipients, must be allowed to continue to legally live, work, learn, and contribute to this country as the Americans they are.”

Many different groups of people will be affected, but those who aged into DACA — such as younger students or high school students — will likely be the most affected, according to Tam. She added that those who were turning 15 around the time of rescission will be most affected, as DACA applicants must be 15 years or older.