Supreme court upholds DACA for now, but proceed with caution

 

By Suzanne E. Vazquez | US Board Certified Immigration Attorney
Posted: June 29, 2020

The Supreme Court’s 5-4 majority decision issued June 18, 2020, Department of Homeland Security Et Al v. Regents of the University of California Et Al, penned by swing voter Chief Justice John Roberts, was hailed as a victory to the Dreamers and DACA eligible.

The reasoning behind the Court’s decision is that the government engaged in an “arbitrary and capricious” repeal of DACA which violated administrative procedure per the Administrative Procedures Act.  However, the decision lays out a possible path for the president to correctly rescind the program.

The decision holds that those who currently hold DACA status can continue to hold it and extend it. The Supreme court also said that those who are DACA eligible but never applied, can do so now.

While the USCIS Immigration agency should again accept new filings, it is uncertain whether it is a good idea to come forward now if enforcement efforts will follow eventual termination of the program.

In fact, President Trump has already indicated his administration would renew efforts to rescind the Obama-era policy.