In a 5-4 decision, the Supreme Court determined that the administration could not rescind the Deferred Action for Childhood Arrivals (DACA) program. The Court ruled that the government’s decision to end the program was arbitrary. The administration failed to provide a proper rationale to end the program. Thus, though this is a victory for DACA-recipients, it may not be the final act of this battle.
What this means:
Immigration Services must continue to process the following types of DACA requests:
- People Who Currently Have DACA: they are eligible to file a renewal DACA request.
- People Whose DACA Expired One Year Ago or Less: they may still file a renewal DACA request.
- People Whose DACA Expired More Than One Year Ago: they cannot file a renewal DACA request, but may file an initial DACA request.
- People Whose DACA Was Terminated: They cannot request DACA as a renewal, but may file an initial DACA request.
Based on the ruling, Immigration Services should provide guidance for those who have previously not been granted DACA, but may be eligible. We also expect guidance for DACA recipients who want Advance Parole for international travel; likely it will be a risky route.
In the meantime, the Dreamers – approximately 700,000 young immigrants – can continue to work lawfully in the United States and contribute to their families and communities. In a time when we do not see many wins for the immigrant community, we are happy to celebrate this victory. We know there is still work to be done and remain hopeful that our representatives will make formal laws, so the Dreamers do not have to rely on the courts to continue to uphold their rights.