Immigration attorney Kate Lincoln-Goldfinch, the founder of Lincoln-Goldfinch Law, talks about the DACA ruling by the Fifth Circuit Court of Appeals issued on October 5th, 2022.
Deferred Action for Childhood Arrivals or DACA is a policy implemented in 2012. It shields from deportation undocumented immigrants who arrived in the country as minors. From its implementation during the Obama administration, DACA has received many legal challenges.
In 2017, the Trump administration tried to dismantle the program. However, in 2020, the U.S Supreme Court issued a ruling against it saying that the attempt to end DACA was a violation of federal law.
In July 2021, Judge Andrew Hanen ruled DACA unlawful for the reason that it did not follow proper administrative procedures upon implementation. The decision means that first-time applicants were no longer allowed into the program. However, all requests approved before July 16, 2021, can continue to keep their DACA status.
On October 5, 2022, the Fifth Circuit Court of Appeals upheld the decision from Judge Hanen.
Immigration attorney Kate Lincoln-Goldfinch reiterates that even with this new ruling, the situation is the same for people who already have DACA. “Nothing changes for DREAMers at the moment,” she adds. People whose requests have been approved can keep their DACA status and continue to renew it. However, if a person has never had DACA, but qualifies under the eligibility guidelines, they can’t receive a decision or approval at the moment.
Despite the changes, Kate and her team of experienced immigration lawyers at Lincoln-Goldfinch Law continue to provide services in the area of immigration. They offer assistance in cases such as deportation, immigration appeals, applications for asylum, green cards, temporary visas, U.S. citizenship, and employment-based U.S permanent residency. In addition, the firm offers bankruptcy services.
For concerns on how the new court ruling affects DACA recipients, visit the Lincoln-Goldfinch Law office at East 40th St., Austin, TX 78751, or dial (855) 502-0555 and schedule a consultation.
1005 E 40th St Austin, TX 78751
Disclaimer: The views, suggestions, and opinions expressed here are the sole responsibility of the experts. No Guardian Talks journalist was involved in the writing and production of this article.