Trump to refile decision to end DACA

By Atty. Crispin Caday Lozano

What can DACA recipients expect to happen?

Trump is likely to refile on DACA as it was widely expected after the Supreme Court ruled last month that the administration failed to give an adequate justification for terminating the program as required by federal law. But the court made clear Trump had the authority to rescind the program, essentially forcing the president to try again or risk the appearance of backing down.

“We have to refile,” Trump told Fox News days after the ruling. “And everything’s going to work out for DACA and the young people, who aren’t so young, if you want to know the truth.”

But the Supreme Court ruling, written by Chief Justice John Roberts, did not compel the Trump administration to file new paperwork against DACA.

“This is not something the Trump administration has to do. The Supreme Court did not tell Trump that he was required, as he says, to refile the paperwork,” said Aaron Reichlin-Melnik, policy counsel at the American Immigration Council.

The new filing would likely be challenged again in court. It’s unclear if the rescission would go into effect prior to Election Day, but Trump’s renewed focus on ending the program will likely make it a key election issue and could put the spotlight on Congress’s inability to reach an immigration deal.

The Trump administration in 2017 rescinded DACA, which shields certain undocumented immigrants who came to the U.S. as children from deportation. The move was a central feature of the president’s initial efforts to restrict immigration upon taking office.

Trump’s 2017 rescission of the program gave Congress six months to create a statutory replacement for DACA, while shutting down new applications and renewals, but without prematurely ending the two-year permits granted by the program.

It’s unlikely that a new rescission would abruptly end benefits for current DACA recipients.

The Roberts ruling reversed Trump’s 2017 decision saying it did not comply with the Administrative Procedure Act in part because it failed to weigh the potential effects on DACA recipients and those surrounding them.

“Justice Roberts’ decision made clear the Trump administration must at the very least consider the impact on the 670,000 people who currently have DACA as well as the impact on their 250,000 U.S. citizen children and families and employers,” said Reichlin-Melnick.

Polls show that there is broad bipartisan support for protecting Dreamers, but the president’s allies who favor restricting legal and illegal immigration have argued he has little choice but to follow through on ending the program.

The president has in recent weeks turned to immigration to appeal to his core supporters as he scuffles in the polls. He signed an executive order suspending certain work visas for the rest of the year, a decision cheered by allies who viewed it as protecting American workers amid an economic downturn.


1.       For the month of June 2020, we received approvals from USCIS two naturalization applications, two renewal of green card and one adjustment of status.

2.       For the month of May 2020, we received approvals from USCIS for three green card renewals, two adjustment of status, and one naturalization application.

3.       For the month of April 2020. we received approval of one adjustment of status, three removal of condition on residence and one renewal of green card.   

4.       For the month of March 2020, we received six Adjustment of Status and three Naturalization approvals from USCIS.

4.       For the month of February 2020, we received approvals from USCIS of five Adjustment of Status application and  three Naturalization application.

6.       For the month of January 2020, we received approvals from USCIS of five Adjustment of status applications,  three N-400 applications for naturalization and three fiancé visa application. 

7.       For the month of December 2019, we received four approvals of naturalization applications, five approvals of Adjustment of Status applications, two approvals of Petition to remove condition on residence, one renewal of green card approval and one green card application at the U.S. Embassy.  

8.       For the month of November 2019, we received approvals of one naturalization application, one renewal of green card, one Petition to remove condition on residence and one adjustment of status.        

9.       For the month of October 2019, we received five naturalization application approvals and two renewal of green card and one DACA approval.      

10.     For the month of September 2019, we received approval of two naturalization applications, one adjustment of status and one application to remove condition on residence. 

11.     For the month of August, 2019, we received approval from Immigration Court for a waiver of misrepresentation for a client who has committed marriage fraud.  We also received approval from USCIS of two naturalization applications and two fiancé visa petition.      

12.     For the month of July 2019, we received approvals of three N-400 application for Naturalization, one I-751 Petition to remove condition of residence with interview and two I-90 renewal of green card.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation. 

Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  He practices immigration law, bankruptcy and personal injury law since June 1999.  His contact phone is 1-877-456-9266, email:

Toll Free 1-877-4LOZANO for free consultation or Schedule an Appointment