U.S. Supreme Court Rules To Allow DACA
On June 18, 2020, the U.S. Supreme Court ruled to allow the Deferred Action for Childhood Arrivals (DACA) program to continue. The Court found that the Trump administration’s decision to terminate the program was “arbitrary and capricious” under the Administrative Procedures Act and failed to consider the hardship to DACA recipients. HERE is a link to the official ruling.
Following the Supreme Court Decision, Joseph Edlow, the U.S. Citizenship and Immigration Services Deputy Director for Policy, shared some sobering information essentially stating that the court opinion has no basis in law and merely delays the President’s ability to end the illegal Deferred Action for Childhood Arrivals amnesty program. On June 19th, he issued a statement regarding the Supreme Court decision on the Deferred Action for Childhood Arrivals program stating:
“DACA was created through an Executive Branch memorandum after President Obama said repeatedly that it was illegal for him to do so unilaterally and despite the fact that Congress affirmatively rejected the proposal on multiple occasions. The constitutionality of this de facto amnesty program created by the Obama administration has been widely questioned since its inception. The fact remains that under DACA, hundreds of thousands of illegal aliens continue to remain in our country in violation of the laws passed by Congress and to take jobs Americans need now more than ever. Ultimately, DACA is not a long-term solution for anyone, and if Congress wants to provide a permanent solution for these illegal aliens it needs to step in to reform our immigration laws and prove that the cornerstone of our democracy is that presidents cannot legislate with a ‘pen and a phone.”
WHAT DOES THIS MEAN?
The decision restores the DACA program completely, but there is still a threat on the horizon to have this program challenged again in the future. For now, however, both initial and renewal applications should be accepted by USCIS.
Current DACA Recipients
- Can continue to apply to renew their DACA as of now, but should await any further updates to the program.
- DACA protections and benefits continue (ex. deportation protection and work permits) for the time being, but could change in the future.
New DACA Applicants
- Initial DACA applications will now be accepted for those who meet the eligibility requirements, so new DACA applicants might consider acting swiftly to apply for the program in the event any future changes should occur.
- It is still unclear whether DACA recipients will be able to travel outside of the United States with Advance Parole.
You should talk with a trusted legal service provider before you apply or renew your DACA or decide to travel outside of the United States.
WHAT ELSE CAN I DO?
Contact Legal Counsel – Contact an immigration lawyer with DACA experience to help you navigate through the next steps you need to pursue. If needed, CONTACT US today to schedule your immigration consultation and get all of your DACA questions answered.
Get An Immigration Screening – Immigrants Rising says 1 in 4 DACA recipients screened by them were eligible for a permanent immigration option. You can use their Immigration Legal Intake Service to learn about your immigration options or schedule a live immigration consultation with us today.
Contact Your Congress Representative – Since DACA was never intended to be a long-term solution, most of the undocumented people are not eligible for the protections and opportunities currently provided by the DACA program. To ensure protection and opportunities are made available to undocumented people, Congress will need to pass some level of immigration reform that will enable undocumented youth and their families protection & opportunities in the United States. If desired, take action and reach out to your congress representative to pass immigration reform to protect immigration status.
- Immigrant Legal Resource Center (ILRC): SCOTUS Decision on DACA
- How to find a legal service provider: Immigrationlawhelp.org or ailalawyer.com
- U.S. Citizenship & Immigration Services: https://www.uscis.gov/news/news-releases/uscis-statement-supreme-courts-daca-decision
- Immigrants Rising: https://immigrantsrising.org/daca/