Supreme Court Issues Ruling on DACA

The United States Supreme Court ruled on Thursday that the Trump Administration failed to provide an adequate justification for terminating the Deferred Action For Childhood Arrivals (DACA) program. This decision means that the DACA program will remain in place for the time being.

On September 5, 2017, the Trump Administration announced the end of the DACA program, an Obama era executive order. This executive order signed by former President Obama on June 15, 2012 continues to provide to some individuals who came to the U.S. before their 16th birthday, and who were born after June 15, 1981, the ability to apply for work authorization and not be deportable for the duration of the grant. There are a number of other criteria necessary to qualify for DACA, and if eligible, work authorization is granted in two year renewable increments. To learn more about the DACA program please click here.

This is a positive result for many that were waiting for a decision that will impact their lives, however this does not mean the Trump Administration cannot renew its efforts to eliminate the program. The Supreme Court did not rule on the legality of the DACA program as a whole, only the Trump’s Administration’s actions to dismantle it. The Supreme Court decision has made it clear that the Department of Homeland Security has the authority to rescind the program as long as it follows proper administrative procedure.

Current DACA beneficiaries may continue to work pursuant to their valid employment authorization documents and should apply to renew their benefits as soon as they are eligible to do so. It is unclear at this time if initial and new DACA application for DACA benefits will resume, initial DACA applications has been suspended since 2017.