If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits. Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence. The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration. As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes. As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their drive...
Great Op-ed. I noticed something in your piece that I have been curious about for a while now and I was hoping you or Chuck could give an answer: why did the Federal government appeal to the "Supremacy Clause" instead of the "Plenary Power Doctrine" in making its case? Is it because they are essentially the same thing?
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