SCOTUS Decision on DACA

June 30, 2020 § Leave a comment

On June 18th, 2020, the Supreme Court of the United States issued a stunning rebuke to the Trump Administration’s efforts to terminate the program known as the Deferred Action for Childhood Arrivals (DACA). The Supreme Court cited the Trump Administration’s efforts to terminate the program as “arbitrary and capricious” under the Administrative Procedures Act (APA). In other words, the Court ruled that the administration did not adequately explain its decision to end DACA and that its reasoning was faulty.

While this ruling is a significant victory for immigrants brought to the United States as young children, it is important to note that this decision is more nuanced and complicated than one might expect. For example, the Court did not necessarily rule in favor of DACA recipients. In fact, it never decided on the issue of whether the DACA program is legal. The Court merely ruled against the Trump Administration on procedural grounds. Therefore, this ruling is only a temporary win for DACA recipients. The president could still end the program in the future, but he would have to articulate valid reasons for doing so. But for now, the Department of Homeland Security must continue processing DACA applications.

What does this ruling mean for the immigrant community? This ruling means that current DACA recipients will continue to be protected from deportation and remain eligible for benefits under the DACA program like work authorization. Eligible recipients may continue to apply to renew their DACA for two more years. Individuals who never had DACA status can apply at this time as well. All eligible individuals should consult with a legal service provider to apply for the first time, renew applications, and explore options beyond DACA. To find a trusted legal service provider, please visit this link.

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