U.S. Supreme Court Lets DACA Stay

Today we celebrate the U.S. Supreme Court’s decision allowing DACA (Deferred Action for Childhood Arrivals) to stay. DACA program is protecting undocumented immigrants brought to the country as children, known as “dreamers.”

On June 18, 2020, the U.S. Supreme Court ruled that DHS’s prior rescission of DACA program  was arbitrary and capricious. This ruling will allow certain undocumented immigrant children to continue to have temporary protection from deportation and a work authorization. 

So, what does it mean for Dreamers? Will USCIS accept new DACA applications? Since DACA still stands, USCIS must maintain the program and consider the strong reliance interests of Dreamers and their families who depend on the program. For that reason, until and unless DHS ends DACA in the correct way as the Court instructed -- meaning a careful, reasoned process -- DHS must create a process to review new and renewal applications rationally, fairly and expeditiously.

The ruling emphasizes the importance of our nation’s foundational principle of separation of powers and the need for accountability in government agency actions.

However, despite the ruling, the Court has made clear that the President has both the power to continue the program and the power to terminate if he follows the correct legal process.

Our only hope is with the Congress that must urgently find a solution to permanently address the issue and enact protections from deportation for Dreamers once and for all. 

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