After an intense legal battle, the Supreme Court issued a positive decision on the DACA case on June 18, 2020, finding that the Trump administration’s decision to terminate the program was “arbitrary and capricious” under the Administrative Procedures Act and failed to consider the hardship to DACA recipients.
This decision is a huge victory for immigrant communities and their allies who mobilized to protect the DACA program. However, although the Court sided with DACA recipients, it is important to remember that the Trump Administration can again attempt to end the program through a new executive action. While only Congress can take action to create a permanent solution for DACA recipients through federal legislation, we must also continue demanding that state and local officials protect our communities from immigration enforcement.
Please also find a community 1-pager on our DACA page that explains the recent DACA decision in more detail in English and Spanish.
What did the Court decide?
The Court ruled in favor of the DACA program, rejecting the Trump administration’s 2017 attempt to terminate the program. This decision restores the program completely, and both initial and renewal applications should be accepted by USCIS.
What does this mean for the community?
- Current DACA recipients continue to be protected from deportation and eligible for benefits under the DACA program like work authorization.
- Eligible DACA recipients can continue to apply to renew their DACA for two more years.
- Eligible individuals who never had DACA should be able to apply at this time.
- All eligible individuals should consult with a legal service provider for information about applying for DACA for the first time, renewing their existing DACA, and/or getting screened for eligibility for other, more permanent immigration options.
- It is possible Advance Parole may again allow DACA recipients to travel outside the United States and return. However, details of this possibility are still unclear, and the potential impact of the COVID-19 pandemic may limit the ability to travel. Check with a legal service provider for more information.
What should the community do now?
- Speak to a legal provider about your case.
- Continue to fight this administration’s anti-immigrant agenda by advocating for a permanent legislative solution for DACA recipients and all other immigrant communities at risk of deportation.
- Stay informed! Visit the Immigrant Legal Resource Center’s DACA page for information on program updates at https://go.pardot.com/e/806863/daca/l5bd/31135421?h=pgaMKo_teCpZsblDh2IpuSBzWtr94pNdlygzUfF6gPE.