On Thursday, the U.S. Supreme Court ruled 5-4 that the Trump administration violated federal law when it ended the Deferred Action for Childhood Arrivals program (DACA), instituted by the Obama administration, which protected roughly 800,000 “Dreamers” from deportation.
Chief Justice John Roberts—the swing vote in the 5-4 decision—wrote that the Department of Homeland Security’s (DHS) decision to rescind DACA in the fall of 2017 was “arbitrary and capricious.” He included that, “today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision.”
President Barack Obama announced the DACA program in 2012. The program protects people brought to the United States as children by shielding them from deportation and allowing them to work legally.
What does the court ruling mean for those with DACA?
DACA will remain in effect for now. The court’s ruling means that the Trump Administration will have to provide a more robust justification for ending the DACA program.
Although the Trump administration may try to end the DACA program in the future by showing a more detailed explanation for its action, such efforts will likely take months and likely won’t take place before the November 2020 election.
Can I now file for DACA if I never had it?
The answer is most likely yes, but first you need to (1) call us to see if you qualify because you still have to meet the standards originally set; (2) file your application before the Trump Administration takes additional action to discontinue the DACA program.
Peek & Toland Is Here to Help
Whether you are someone now looking to file DACA for the 1st time, or If you’re a current DACA recipient and are looking to renew your DACA application, now is the time. Given the Supreme Court’s most recent ruling, our attorneys are ready and here to help you renew your application. Contact our office at 512-474-4445 to set up an appointment today.