In this case, the DHS created a system where certain people in the country were allowed to apply for deferred action.
The system established by DHS did not have an expiration date.
The deferred action to each applicant had an expiration date, so accepted applicants were required to renew “deferred action” (a sort of imunity/work permit arrangement) periodically.
The system is now split into two parts. The new applicant part is gone. The renewal part lives on, per court order.
That last part is reassuring. So no new applications will happen, is that what you are saying, just so I am clear? Least I read there were about 670,000 registered DACA-ites sill in the US. So all the non-registered ones cannot register, and are fair game for deportation, then.
That's correct. And also, renewals can continue to be denied for cause.
Judge Alsup Opinion and Order of Jan 9, 2018 said there are 689,900 DACA enrollees.
D. Scope of Provisional Relief.For the foregoing reasons, defendants [Department of Homeland Security] ARE HEREBY ORDERED AND ENJOINED, pending final judgment herein or other order, to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission [by the DHS] on September 5, 2017, including allowing DACA enrollees to renew their enrollments, with the exceptions (1) that new applications from applicants who have never before received deferred action need not be processed; (2) that the advance parole feature need not be continued for the time being for anyone; and (3) that defendants may take administrative steps to make sure fair discretion is exercised on an individualized basis for each renewal application.
Nothing in this order prohibits the agency from proceeding to remove any individual, including any DACA enrollee, who it determines poses a risk to national security or public safety, or otherwise deserves, in its judgment, to be removed. Nor does this order bar the agency from granting advance parole in individual cases it finds deserving, or from granting deferred action to new individuals on an ad hoc basis.
"Advance parlole" is permission to leave and re-enter the country. Without advance parole, a DACA enrollee would lose his DACA protection by leaving the country.