The Trump administration will stop accepting new applications for a program that protects immigrants brought to the U.S. illegally as children. Note that contacting us does not create an attorney-client relationship, unless you are accepted as a client of the firm.Among the issues it considered, the Supreme Court analyzed the following questions:The government had relied heavily on the theory that courts have no authority to review agency non-enforcement policies. However, the Supreme Court found that DACA was much more than a non-enforcement policy. In implementing DACA, the Obama administration had not just decided to defer removal proceedings for eligible individuals. It had also decided to create an entire program providing affirmative immigration relief. Therefore, because DACA is not merely a non-enforcement provision, the decision to cancel it is subject to judicial review.No, the Supreme Court did not rule on the legality of the DACA program. The Court only ruled on the legality of the manner in which the Trump administration eliminated the program, and found that to be arbitrary, capricious, and in violation of U.S. law. The Trump administration can go back to the drawing board and try to eliminate the program again, this time complying with the procedural requirements of the Administrative Procedure Act. And the Trump administration has already indicated that it would do just that.Theoretically, yes, but in practice, unlikely. By ruling that the decision and manner used to dismantle DACA were arbitrary and capricious (and thereby illegal), the Supreme Court virtually reinstated DACA in the same shape and form it existed at the time of the illegal termination on September 5, 2017. That means that DACA applications for first-time applicants who never had DACA before, who became eligible since September 2017 but could not apply because of the illegal decision to terminate the program, could once again be accepted. That also means that advance parole, a temporary travel authorization that was available to DACA recipients before, but was terminated as part of the illegal September 2017 DACA roll-back, could be available again.One of the best features about our website articles and blog entries is that they are timely—you get up-to-date information on the law as it exists at the time. Roughly there are 650,000 active DACA … If the courts ultimately rule in favor of the government, USCIS may stop accepting DACA applications altogether.
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However federal courts ordered against the decision in January 2018 and since then USCIS started accepting renewal applications but didn’t allow any new applicants to file for the first time. KRISH O'MARA VIGNARAJAH: I do think, in punting on this, there is some recognition that it is not just the wrong thing to do but, politically, stupid for them to take even further action against DREAMers.BURNETT: The move to reject new applicants goes against a Maryland federal judge who, earlier this month, told the White House it had to accept them. You will not be a client of the firm until you receive such an engagement letter.On June 18, 2020, the U.S. Supreme Court ruled that the Trump administration’s decision to cancel DACA was arbitrary and capricious and therefore violated the Administrative Procedure Act. Chief Justice Roberts issued the Court’s majority opinion.The government also relied on language from the Immigration and Nationality Act that specifically precludes judicial review in the case of proceedings brought to remove foreign nationals. The Supreme Court took issue with this argument, because neither party was challenging a removal proceeding, and the preclusion of that statute is inapplicable to other issues such as the cancelation of the DACA program.
USCIS stopped accepting applications for DACA. However, no court had ruled that DACA was illegal, and then-Secretary Duke did not exercise her discretion to make any independent findings into the legality or alleged illegality of the program. While the Court acknowledged that the administration does, in fact, have the authority to terminate DACA, it cannot do so by means of an arbitrary and capricious statement. Therefore, the government’s justification (or lack thereof) for ending the program, violated the law.Share this post with your network on Facebook, Twitter, LinkedIn and more. The decision comes after the Supreme Court in June kept in place DACA—the federal Deferred Action for Childhood Arrivals program that was set up by the Obama administration in 2012 via an executive memorandum. Some observers believe the president, aware of the program's popularity among Democrats and Republicans, is careful not to attack the so-called DREAMers.
(SOUNDBITE OF PRESS CONFERENCE) All rights reservedIn reaching its decision, the Court relied on the reasons that the Department of Homeland Security (DHS) articulated for terminating DACA at the time the decision was made. Namely, then-DHS Secretary Elaine Duke made a one-sentence statement that she was terminating DACA because the program was allegedly was illegal.
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