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US Supreme Court Blocks Administration’s Attempt to Revoke DACA Program, Opening The Door to Applicants

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In a major victory for immigrants, in late June, the US Supreme Court struck down the Trump administration’s revocation of the Deferred Action for Childhood Arrivals (DACA) program, blocking the administration’s plans to open up the potential deportation of an estimated 700,000 “DREAMers” who have been in the US since they were children, many of whom have since attended school, earned degrees, opened businesses, bought homes, and established families here. While the Court ruled that the president does have the power to cancel the program (it was simply not done in accordance with the law), it is unlikely that Trump will have the opportunity to do so unless he is reelected for another four years.

As a result of the decision, it appears as though individuals who are eligible for DACA may wish to consult an immigration attorney and apply. Although the current administration has refused to accept new applicants over the last three years, this may very well change due to the Court’s decision, and the program may be restored to its original status as of 2012, when it first went into effect.

History of The Program & Its Rescission 

Under the DACA program, individuals who were brought to the US as children were provided with temporary legal status if they graduated from high school or were honorably discharged from the military and passed a background check. However, Trump’s previous Attorney General Jeff Sessions declared that the program was unconstitutionally put in place by President Obama via executive order, and proposed revoking it.

The Court’s Decision

In ruling against the revocation, the US Supreme Court specifically took issue with the administration’s lack of explanation or justification for canceling the program. The majority pointed out that, rather than take responsibility for abolishing DACA, given how popular it is with both parties, officials with the administration instead chose to simply declare it to be unconstitutional. In doing so, the Court noted that it failed to address the hundreds of thousands of people who had come to rely on the program; embarking on careers, starting businesses, having children who are now U.S. citizens, paying billions in taxes, etc. Because it failed to address all of these concerns, as well as provide any explanation or justification whatsoever, the administration’s decision was found to be arbitrary and capricious under the Administrative Procedure Act. The memo eventually provided by the administration offered after the fact did not suffice because an agency must defend its action at the time it acted, not once it ends up in court.

Contact an Experienced Immigration Attorney for Assistance

If you have any questions or concerns about immigration issues, including applications, contact North Carolina immigration lawyer Rashad Hauter of Hauter Law Firm, PC today. We help families address their immigration legal needs and achieve the positive outcome they are counting on.

Resources:

npr.org/2020/06/18/829858289/supreme-court-upholds-daca-in-blow-to-trump-administration

apps.npr.org/documents/document.html?id=6951500-DACA-Decision

https://www.hauterlaw.com/in-spite-of-losing-in-court-the-administration-continues-to-impose-h-1b-visa-restrictions-with-international-students-as-the-next-target-in-order-to-appease-those-calling-for-a-halt-to-all-immigrat/

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