The Supreme Court recently ruled that the Trump administration cannot (at this time) end DACA, a program that protects 700,000 immigrants from deportation. The Supreme Court ruled that the Trump administration is not permitted to end DACA using the procedure that it used. According to the New York Times, the Supreme Court ruled that the Trump administration failed to offer sufficient reasoning for ending the DACA program. Politico notes that the 5-4 decision held that the Trump administration failed to provide adequate justification for ending DACA. This means that in the future, the Trump administration could potentially provide reasoning the court may find more sound. Still, even if the Trump administration were to try to suspend DACA again, it would likely take years before the case made it back to the Supreme Court. This makes the upcoming election all the more critical for Dreamers and for immigrants. It means that the Trump administration would also have to carefully consider whether it will try to end DACA again so soon before a critical election that looks like it will divide the country.
What this immediately means for DACA youth is that they are protected from deportation, for now. The DACA program, while offering no path to citizenship, does grant adults who were brought to the United States by their parents illegally when they were children the ability to work in the U.S. and attend school. For Dreamers who have benefitted from the DACA program, the Supreme Court’s ruling buys them more time. It means that those who have renewals coming up can renew their applications and it means that the program, for now, cannot be wound down as the Trump administration planned.
What does the Supreme Court’s ruling mean for Dreamers?
- For now, DACA recipients continue to enjoy protection under the program. They cannot be deported and if their status is valid, they can continue to work.
- If your DACA status is up for renewal, you can apply to renew at this time. USCIS is still in the process of updating its information regarding renewals due to the Supreme Court ruling. If you have questions about the renewal process, consider reaching out to the deportations lawyer in San Antonio, Texas of J. Joseph Cohen.
- The ACLU notes that new DACA applications are not being accepted at this time. So, while current DACA holders are protected, those who want to apply will still have to wait. To be eligible for the DACA program, individuals must meet its strict standards, which includes having committed no serious crimes, having arrived in the U.S. before 16 years of age, being no older than 30, having lived in the U.S. for the past five years, and have graduated from high school or have a G.E.D.
- The Supreme Court’s decision does not say that DACA is lawful. This suggests that if a case with a stronger rationale came before the court, DACA could potentially be overturned.
- Dreamers could see the most robust protection if congress were able to pass a law to offer this group more permanent status and a path to citizenship, but Republicans are opposed to this and there has been little consensus in Congress about how to move forward.
What does the future look like for Dreamers and DACA? Because the Supreme Court only ruled that the procedure Trump used was flawed, and didn’t rule that Trump cannot undue DACA, it is likely that the Trump administration will simply change its tactics when it comes to trying to end DACA again, if the administration does choose to try to end DACA before the election. However, any such attempt will likely be challenged in the courts. This means that the upcoming election will be very important for Dreamers. This also means that the Trump administration may need to think long and hard before it attempts to end DACA again before the election. Doing so could alienate independent voters and those sympathetic to the Dreamers. It is possible that in the upcoming election, the status of the Dreamers may be a major issue around which the debates will be held. It isn’t yet entirely clear what the administration will do, though Trump has said that it will try again to end DACA.
Is your DACA application up for renewal? Have questions about the DACA renewal process? It is important, now more than ever, to renew your application on time. J. Joseph Cohen is a deportation law firm in San Antonio, Texas that can work with you on your application, assist you with the renewal, and help you take the next steps. You are not alone. Reach out to J. Joseph Cohen, a deportation lawyer today or connect with USAttorneys.com to get matched with J. Joseph Cohen in San Antonio, Texas.