The ordered relief mirrors the preliminary injunction issued by Judge William Haskell Alsup in the Northern District of California on Jan. 9. It required USCIS to resume accepting DACA renewal applications from people who had previously been granted that relief. This second nationwide injunction similarly requires the Department of Homeland Security to maintain the DACA program on the same terms and conditions that existed before the administration on Sept. 5, 2017, issued a memo to rescind DACA, with the following exceptions:
- DHS need not consider new applications from individuals who have never before held DACA
- DHS is not required to provide advance parole to DACA beneficiaries
- DHS retains the discretion to adjudicate DACA renewal requests on a case-by-case, individualized basis.
While the injunctions remain in place, USCIS has advised people who have previously received DACA that they may request renewal by filing the following forms:
- Form I-821D
- Form I-765, and
- I-765 Worksheet
DACA policy will be operated on the terms in place before Sept. 5, 2017.