What the DACA Supreme Court Decision Means

After fighting for years to gain a path to legalization, immigrant youth got a temporary solution through an administrative process called Deferred Action for Childhood Arrivals (DACA) in 2012, under the direction of President Obama.

But Trump, with his anti-immigrant, anti-Hispanic views and a mission to destroy Obama’s legacy, issued an executive order in September 2017 to halt the program in spite of the extensive documentation that asserts the success of the program.

Those actions brought the decision about the existence of the program all the way to the Supreme Court of the United States (SCOTUS). The litigation produced incredible stress for the DACA recipients who saw their lives in the USA threatened by deportation.

On Thursday, June the 18th, 2020, SCOTUS declared that, although the existence or dismantling of DACA is a prerogative of the president of the USA, Donald Trump acted in a manner that was “arbitrary and capricious” and therefore illegal, when filing the executive order phasing out DACA.

SCOTUS ended at least for now with this phase-off attempt.

Although immigrants and immigrant rights organizations were relieved by the SCOTUS’s decision, they know that Donald Trump will try to dismantle DACA again.

Many doubts still persist about the impact of the June 2020 decision, such as if new DACA applications will be accepted for those who did not apply for the program before, or if the opportunity to request advance parole will be possible, like in the past.

Analysts say that since Donald Trump’s executive order was vacated, the original DACA process must be in place. Others state that since SCOTUS denied Trump’s filing, the lower court orders on DACA stay.

The lower court order basically stopped new applicants from filing and ended the very successful advance parole program which allowed DACA recipients to travel oversees for educational, professional, or humanitarian reasons.

While the analyst debate this, USCIS must announce soon new procedures. At the time of the posting of this blog. USCIS has not taken action, so questions remain up in the air.

For those already enrolled in the program, USCIS recommends applicants file their DACA renewals between 120 and 150 days prior to the expiration of their grant. See the instructions for Filling Out Form I-821D, “Consideration of Deferred Action for Childhood Arrivals” clicking the link.

Attorney Marcos E. Garciaacosta is an immigrant. He started his journey in the USA as an H-1B Visa recipient, working in the high-tech industry as an engineer. He currently is a business, trademark, and immigration attorney in the Phoenix metro area.

Call us for an appointment at (480) 324-6378.

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