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DACA Invalidated Once More, Yet Safeguards Remain in Place for Current DACA Recipients

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The Deferred Action for Childhood Arrivals (“DACA”) program was implemented in 2012 by the Department of Homeland Security under the Obama Administration. The purpose of the program is to allow undocumented individuals who came to the United States as children to apply for temporary protection from deportation and work permits. For the past 8 years, the DACA program has been targeted with various lawsuits specifically focusing on the fact that the...
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President Biden Issues Memorandum Solidifying His Support of DACA Program

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Among President Biden’s first actions upon being sworn-in as the 46th President of the United States was to issue a Memorandum to “Preserve and Fortify Deferred Action for Childhood Arrivals (DACA).” In the memorandum, issued on January 20, 2021, his first day in office, President Biden calls on the Secretary of Homeland Security to “take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.” While the...
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DACA Program Fully Reinstated!

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On December 04, 2020, a U.S. District Court in the state of New York ordered the Department of Homeland Security (DHS) to fully reinstate the DACA Program. The order, which was effective immediately, requires DHS to start accepting new initial DACA applications, issue work permits with a validity period of two years, and allow DACA recipients to apply for Advance Parole. The order effectively directs DHS to adhere to the terms...
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DACA continues! Supreme Court holds Trump Administration termination of DACA is unlawful

DACA continues! Supreme Court holds Trump Administration termination of DACA is unlawful
On June 18, 2020, the U.S. Supreme Court issued its decision in Department of Homeland Security v. Regents of the University of California, et. al. In a 5 to 4 decision, Chief Justice Roberts delivered the majority opinion of the Court, holding that when the Department of Homeland Security (DHS) announced the termination of the Deferred Action for Childhood Arrivals (DACA) program in September 2017, it failed to consider all relevant...
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DACA Update – Supreme Court to Review Challenges to Termination of DACA Program

DACA Update – Supreme Court to Review Challenges to Termination of DACA Program
On September 05, 2017, the Trump administration announced that it would terminate the Deferred Action for Childhood Arrivals (DACA) program. Now, nearly two years later, the U.S. Supreme Court has agreed to review the legal challenges to the program. The Supreme Court will hear arguments from parties from both sides of the issue on November 12, 2019. Which means a decision on the case is expected no later than June 2020....
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Fate of DACA Still Unclear

Fate of DACA Still Unclear
When the Trump administration announced that the Deferred Action for Childhood Arrivals (DACA) program would be terminated, they directed the U.S. Department of Homeland Security (DHS) to reject all initial applications received after September 05, 2017, and reject all renewal applications filed after October 05, 2017. We now find ourselves over a year later and the overall fate of the DACA program remains unclear. Previous DACA recipients may still continue to...
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What is happening with DACA? Where we are, and we where we could be heading…

What is happening with DACA? Where we are, and we where we could be heading…
It has been almost one year since U.S. Attorney General, Jeff Sessions announced that the government was terminating Deferred Action for Childhood Arrivals (DACA), a program which offers work permits and deportation relief to undocumented immigrants brought to the U.S. as children. However, thanks to multiple lawsuits filed in Federal Courts across the country, challenging the legality of the termination of DACA, the U.S. Citizenship and Immigration Services (USCIS) has continued...
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Submit DACA Renewal Applications Now

Submit DACA Renewal Applications Now
Due to a Federal Court Order directing the U.S. Citizenship and Immigration Service (USCIS) to resume accepting renewal applications for Deferred Action for Childhood Arrivals (DACA), individuals currently holding DACA and people whose DACA expired on or after September 5, 2016 are encouraged to submit DACA renewal applications to USCIS immediately. It is widely known that on September 5, 2017, President Trump terminated the DACA Program. (See DHS Rescinds the DACA Program)....
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Federal Judge orders DHS to resume processing DACA renewal applications for all current and prior DACA recipients

Federal Judge orders DHS to resume processing DACA renewal applications for all current and prior DACA recipients
On January 9, 2018, Federal Court Judge William Alsup from the Federal District Court in San Francisco, California ordered the Department of Homeland Security (DHS) to resume processing applications for renewal of Deferred Action for Childhood Arrivals (DACA) while an on-going legal challenge to the Trump Administration’s rescission of the DACA program is resolved. Judge Alsup’s order applies nationwide to all current/prior DACA holders. In June 2012, the Obama Administration announced...
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DHS Rescinds the DACA Program

DHS Rescinds the DACA Program
On September 5, 2017, the Department of Homeland Security (DHS) formally rescinded the Deferred Action for Childhood Arrivals (DACA) program established under the Obama Administration. The decision to rescind the program was announced by Attorney General Jeff Sessions and the DHS subsequently issued Frequently Asked Questions (FAQs) on its website regarding the terms of the rescission of the DACA program This rescission will have immediate and significant consequences for those who...
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Unofficial reports that President Trump will end DACA program in 6 months

Unofficial reports that President Trump will end DACA program in 6 months
On Sunday, September 03, 2017, Politico.com reported that the White House has “unofficially confirmed” that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA) program, with a six-month delay. As of today, it is unclear whether this reported decision to end the DACA program is confirmed. ' Also unclear is the timeline and terms for termination of the program. Another major open question is whether those with DACA...
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Uncertainty for DACA Increases, as Potential Legal Challenges Loom

Uncertainty for DACA Increases, as Potential Legal Challenges Loom
The Deferred Action for Childhood Arrivals (DACA) program, a policy implemented by an Obama Executive Order in 2012 that protects young undocumented immigrants, is in the news again as both supporters and those in opposition to the program push the Trump Administration to make a decision about DACA’s future. Ten state Attorneys General, led Texas Attorney General Ken Paxton, sent a letter on June 29, 2017 to U.S. Attorney General Jeff...
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David Kolko featured in Law Week Colorado

David Kolko featured in Law Week Colorado
This week, Managing Partner David Kolko was featured in Law Week Colorado to provide insight into the potential changes we might see in the field of immigration law under a Trump Administration. In Tony Flesor’s Law Week Colorado article, “Election Reactions,”  Mr. Kolko states: “it’s not clear exactly what changes Donald Trump might execute when he becomes president. What is clear is the president has authority over immigration enforcement in the...
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Important Information for People on DACA

Important Information for People on DACA
  The Deferred Action for Childhood Arrival (DACA) program was implemented by executive order by President Obama in June of 2012. Under this program, qualified individuals receive reprieve from any immigration enforcement action against them and an employment authorization document (EAD) valid for two years. DACA has been renewable every two years for qualified individuals. In order to qualify, applicants had to establish they entered the United States when they were...
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An open letter to our clients, their families and our community

An open letter to our clients, their families and our community
From the Immigration Attorneys at Kolko & Associates, P.C., an open letter to our clients, their families and our community: To start, we never expected to have to write this kind of a letter to you. We have dedicated our lives to advocating for the immigrant community. Our work as immigration lawyers helps families stay together; U.S. businesses to grow and maintain their workforce; foreign entrepreneurs to start businesses in the...
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Equally Divided Court

Equally Divided Court
Today, the United States Supreme Court dismissed the United States v. Texas case, a case revolving around the President's 2014 deferred action program for DAPA and expanded DACA. The decision allows the lower court's injuction to stand. It is sad and disheartening news for the immigrant community. A 4-4 decision created a deadlock for the Court, and no formal opinion was given on the merits of the case. The Court's Order simply...
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Anxiously Awaiting the Supreme Court’s DAPA Decision

Anxiously Awaiting the Supreme Court’s DAPA Decision
Immigration attorneys and undocumented immigrants across the country are anxiously awaiting the Supreme Court’s decision in United States v. Texas, a landmark case implicating the President’s authority to grant discretionary immigration benefits, such as deferred action. The decision is expected sometime in June. The case revolves around the President’s November 20, 2014 executive actions, which included deferred action for parents of United States citizens and permanent residents. The program, called Deferred...
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DUI’s and Immigration

DUI’s and Immigration
Around the office lately, I’ve noticed an increase in consultations related to DUI arrests. For many immigrants, a DUI arrest begins the one-way trip back to their home country. For any arrest, proper legal counsel should be sought from an immigration attorney to determine whether the arrest carries immigration consequences. For most permanent residents and people in lawful status, one simple alcohol-related DUI causes little harm to one’s immigration status. However,...
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U.S. Supreme Court to Review Obama’s Executive Action - DAPA and DACA Expansion

U.S. Supreme Court to Review Obama’s Executive Action - DAPA and DACA Expansion
On January 18, 2016, the U.S. Supreme Court announced it will hear United States v. Texas. This means that the Supreme Court weigh in on the legality of President Obama’s executive action on immigration, specifically the expansion of “deferred action” to certain parents of U.S. citizens and residents (Deferred Action for Parents of Americans & Residents – “DAPA”), as well as to individuals who were brought to the United States as...
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DOJ Requests U.S. Supreme Court Review of DAPA Program

DOJ Requests U.S. Supreme Court Review of DAPA Program
Yesterday, November 20, 2015, the U.S. Department of Justice filed a petition for a writ of certiorari with the U.S. Supreme Court asking the Court to overturn the injunction currently blocking the Deferred Action for Parents of Americans & Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA) programs. In requesting the Supreme Court’s review of the decision of a 3 Judge Panel of the Fifth Circuit Court of Appeals,...
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Kolko & Casey, P.C. is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, and Portuguese and we can arrange for translators in any other language.