>> I'm Maureen Cavanaugh, it's Monday, January 15. Our top story is DACA. Even though those talks are mired, the U.S. Justice Department did something unexpected. On Saturday, the just department announced it would begin accepting renewal applications from DACA recipients. The new stems from a federal court ruling last week that put a temporary hold on the order which effectively ended DACA program in September. 20 me is Lillian Velasquez. She is an immigration attorney in San Diego and also teaches immigration law at California Western school of Law. Welcome back.'s >> The Justice Department could have immediately appealed the court ruling and not allowed renewals. Couldn't it? >> They could. Although they announced they would it appeal the injection by the federal job -- judge. We have no idea what the ruling will be. In the meantime, applications for DACA renewals, new cases are being accepted by the department of homeland security. >> Is it surprising that these renewals are being allowed? That the DOJ is accepting these renewal applications? >> It is surprising but at the same time it is not considering that the federal judge issued a nationwide injunction. The Department of Justice had no choice. They have to see how the issue will play out in the courts, with the final outcome will be, if the appeal is filed and what the decision is. In the meantime, that could take months. The people who did not apply for renewal can do it now. >> You mentioned some of this, let me ask you more directly. What parts of DACA to the federal court restore at least temporarily? >> The only thing that the court did was allow people who already had DACA to renew, to reapply for an extension, but not for new places -- cases. New cases will not be accepted, only those who are have the DACA benefit. >> What does that mean to a DACA recipient who status has risk fired -- expired? >> People are skeptical. When the ruling came down last Tuesday, I expected that my phone line would be flooded with phone calls. Only one person called and I think the reason is they don't trust what the government is doing. They are afraid and they feel if they applied now, they will be the first ones to be deported. They will be new cases that the government just received. What I am trying to tell my clients and everyone out there is please reapply for DACA. You cannot apply until 5 months before the expiration of your permit. If your DACA will expire in 2019, you can't apply not -- yet. For people have until October 5 to renew their DACA, and they didn't, they can do it now. >> What if it is already expired? Can you reapply to renew it? >> Absolutely. It to your DACA is not expired, the deadline is if your DACA is expired on or before March 5 of 2018, you could apply by October 5. Now, it is not before March 5, now I can be June of 2018. It extends the benefit so 5 months before the expiration of your DACA, you can reply. >> Lillian, talk to us about the fears that the DACA recipients have and how this undecided atmosphere about DACA is affecting them. >> In fact, many people can call me and asked if it safe to apply by October 5. I say yes it is. What if something happens? Do you think I will be the first one to be called by immigration and get removed? I think what happened is eyes began investigating cases that were approved to see if any of those recipients had an arrest or a conviction. They went down to the person's home, knocked on the door and detain them until they could determine if the person was eligible or no longer eligible for DACA. When that happened, they sent a message for immigration to terminate that person's DACA status. People see that on the news and worry that they could be next. I think that is why they have this fear. We hear conflicting messages from President Donald Trump and now they don't know what to believe. And think it will take convincing to let them know that it is safe, even if the judge's ruling or the injunction is reversed. Those applicants who file for the renewal, their applications will be honored and they will receive an extension of 2 years. But, they must do it. >>-Speaking with immigration attorney, Lillian Velasquez. Thank you.
The Department of Homeland Security says it will once again accept renewal requests from recipients of the Deferred Action for Childhood Arrivals program in response to a court order.
"Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017," U.S. Citizenship and Immigration Services, a part of DHS, wrote on its website Saturday.
The Obama administration began the program in 2012, which enabled certain young immigrants brought to the U.S. illegally as children to apply for work permits and protection from deportation. As of September, about 700,000 people are currently protected under the program.
Attorney General Jeff Sessions announced in September that the Trump administration would wind down the DACA program. The administration said it was executive overreach and called on Congress to come up with a solution to the status of DACA recipients, also called DREAMers.
But a federal judge in San Francisco halted that plan late Tuesday and ordered the administration to resume processing DACA renewals while a lawsuit against the September decision moves forward.
The statement from USCIS says people who have already been granted deportation deferral under DACA can request renewal, but the agency will not accept new requests from people who have never received deferred action before. If someone's DACA expired on or after Sept. 5, 2016, that person may file a renewal request, the agency says; people who received DACA that expired before then can file a new DACA request.
President Trump held a meeting with lawmakers on Tuesday about passing new legislation to allow the DREAMers to stay in the country, though he has pushed for funding for a wall with Mexico to be part of any immigration policy overhaul. He also received widespread criticism this past week after reports that he referred to immigrants from certain countries using a vulgar slur.
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