On June 18, 2020 the U.S. Supreme Court blocked the Trump administration’s attempt to rescind the DACA program. In a 5-4 decision written by Chief Justice John Roberts, the Supreme Court ruled that the rescission of DACA violated the Administrative Procedure Act. The Court held that the decision to rescind DACA was “arbitrary and capricious.” The Court emphasized that the Secretary of Homeland Security did not adequately consider options available to maintain elements of the DACA program. Click here to read the complete decision.
This is a tremendous victory for supporters of DACA. DACA stands for “Deferred Action for Childhood Arrivals.” DACA protects persons who were brought to the United States as children through no fault of their own. They are protected from removal and granted work authorization. To qualify for DACA, applicants must meet educational requirements and pass criminal record checks. About 700,000 persons have qualified for DACA in all walks of life. Many have followed medical professions and served in the struggle against COVID-19.
The Supreme Court decision does not prevent the Trump Administration from trying to cancel DACA again, if they follow more appropriate legal procedures. Immigration advocates must continue to press Congress to pass a permanent DACA program including a path to U.S. citizenship for these deserving young people. Persons on DACA should apply for extensions of their DACA status as often as possible. This is particularly urgent if your DACA status expires within the next 12 months.