U.S. Supreme Court Keeps DACA Program

The U.S. Supreme Court issued a long-awaited decision on the fate of the Deferred Action for Childhood Arrivals (DACA) program that allows some individuals who are in the U.S. unlawfully after being brought to the country as children to apply for deferred action from deportation and a work permit in the U.S.

In its 5-4 decision, the court decided that the Department of Homeland Security acted in an “arbitrary and capricious” manner when it took steps to end the DACA program in violation of the existing DACA policy. In other words, the court agreed that the Trump administration has the right to rescind the DACA program, but that the administration went about rescinding the program in the wrong way.

The result of this decision is that the DACA program remains alive. The Trump administration has announced it will take steps to rescind the program that align with the requirements indicated by the court. However, that process likely will take several months, which will push it past the November presidential election.

As of now, U.S. Citizenship and Immigration Services (USCIS) will continue to take DACA renewal applications, although it remains unclear if they will accept initial applications for DACA or for advance parole applications that would allow international travel. More announcements about the program are expected to come over the next couple of weeks.

If you have questions about the program, or about making an application, please contact Brad Hendrick at 303-443-8010 or by e-mail to bhendrick@celaw.com.