Supreme Court Prevents DACA Termination

Supreme Court Prevents DACA Termination

Today, the Supreme Court sided with recipients of the Deferred Action for Childhood Arrivals (DACA) program. Chief Justice Roberts wrote for the 5-4 majority saying that the Trump Administration’s 2017 DACA rescission was “arbitrary and capricious” and “must be vacated.”

The Court’s majority agreed with the arguments of injured DACA recipients and interest groups. It held that DACA – established under the Obama administration – was more than just selective enforcement; it was a whole new procedure. This procedure cannot be removed without good reason. When the Department of Homeland Security under the Trump administration announced that it was phasing out DACA, it did not give a “reasoned explanation” for why it was doing so.

The future of the DACA program remains unclear. While the decision allows current DACA recipients to renew their status, it does not explain whether or not the government must accept new applications. Furthermore, the Trump administration may attempt to phase out DACA again in the future.

To seek renewal under DACA, or to determine how this decision will affect your personal situation or the situation of your employees, please contact Gee & Zhang.