Today, 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. The ruling allows DACA recipients to continue to receive the protections and benefits of the program.
The ruling culminates a years-long legal battle following the Trump administration’s September 2017 order to end protections for nearly 800,000 DACA recipients. Lawsuits challenging that decision resulted in federal courts ordering the government to continue renewing the DACA cases of those who were enrolled in the program while the lawsuits were pending. Today’s rejection of the validity of the termination order will allow this important program to continue.
WHAT DOES THIS MEAN
This decision restores the program completely, and both initial and renewal applications should be accepted by USCIS.
Current DACA Recipients
- Can continue to apply to renew their DACA
- DACA protections and benefits continue (ex.deportation protection and work permits)
New DACA Applicants
- Initial DACA applications will now be accepted for those who meet the eligibility requirements
- 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.
THE BIG PICTURE
We are thrilled by the Supreme Court’s decision to allow the continuation of the DACA program, which will allow for a more certain future in the U.S. for hundreds of thousands of immigrants. This victory was made possible because of the courageous organizing of thousands of undocumented youth nationwide, who made visible the positive impact that DACA has had on our entire country. We congratulate them and celebrate this victory with them.
While this decision is certainly a win, DACA was never intended to be a long-term solution and the majority of undocumented youth today are not eligible for the protections and opportunities afforded by the DACA program. We urge Congress to pass immigration reform that will enable undocumented youth and their families to thrive in the United States.
With or without DACA, undocumented young people are a beautiful, vibrant force in our culture, economy, and society.