This morning, the U.S. Supreme Court announced that the Trump administration’s decision to terminate DACA (Deferred Action for Childhood Arrivals) in 2017 was unlawful. This means that DACA survives (for now).
The Supreme Court found that although the termination did not violate the equal protection clause of the Fifth Amendment, the reasoning provided by the administration for terminating the non-enforcement (protection from deportation) aspect of DACA was unlawful because it violated the Administrative Procedure Act.
Therefore, at this time, we know that:
- DACA recipients continue to be protected from deportation and will continue to benefit from work authorization;
- The government will continue accepting DACA renewal applications; and
- The government MAY now begin accepting DACA applications, from first-time applicants and Advance Parole (requests for travel for education, employment, or humanitarian grounds). Please stay tuned. We will provide an update as soon as this possibility is confirmed.
We know this announcement brings excitement and relief among many mixed-status and immigrant families throughout the nation. We want to encourage everyone to remain hopeful and fuel this energy into advocacy and action!
Although DACA provides many benefits to DACAmented individuals, it is not a permanent solution, and legalization is needed now more than ever. Our hope is that we focus this energy towards the DREAM Act, the American Dream, and Promise Act, or some other legislation that will offer a pathway to citizenship! However, this will not happen without some significant effort.
As always, please know that our firm is here to support you with all your immigration-related matters and concerns. To schedule a consultation please click here.
If you have any questions, please feel free to call our office or email us at firstname.lastname@example.org.