Trump Administration Expected to Refile DACA Termination Paperwork

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.

The United States Supreme Court ruled on June 16, 2020 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.

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. This week, the Trump administration hinted that they would refile the DACA termination paperwork sometime this week. The new filing would likely be challenged again in court. 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.