Deferred Action Childhood Arrival (DACA): Will it Survive?

The Deferred Action for Childhood Arrivals (DACA) is an immigration policy that has been fraught with controversy. On September 5, 2017, Attorney General Jeff Sessions announced that the Trump Administration will repeal DACA. DACA recipients are currently awaiting the Supreme Court’s decision as to whether or not the Trump Administration can rescind the program.

Understanding the DACA Program

DACA protects people whose parents brought them to the country as undocumented immigrants. Qualifying children of undocumented workers can apply to receive a renewable two-year period of deferred action from deportation. They can also become eligible for a permit to work in the United States. 

The Recent Controversy Surrounding DACA

He attributed DACA individuals as a leading cause of the surge of unaccompanied minors coming from Central America to the United States. Sessions also claimed that most legal experts believe that DACA is unconstitutional. Former President Obama condemned the action as cruel. The announcement made by Jeff Sessions sparked protests in New York, Los Angeles, Chicago, and Washington D.C. 

Rescission of DACA Faced Numerous Legal Challenges

15 states and the District of Columbia filed a lawsuit against the rescission on September 6, 2017, challenging the rescission of DACA. Several other state-level attorney generals filed their own lawsuits on behalf of their state governments. Additionally, six DACA recipients, also called dreamers, filed their own lawsuits against the Department of Homeland Security. 

In 2018, a federal district court in California temporarily blocked the rescission of DACA. It ordered the government to renew DACA until the court issued a further order. A federal district court in New York granted a preliminary injunction and ordered the federal government to restore the DACA program fully, including accepting new applicants. 

DACA and Federal District Court Challenges

The Supreme Court refused to hear the Trump Administration’s request to review a lower court order that required the federal government to continue accepting DACA applications. In doing so, the Supreme Court allowed the Ninth Circuit Court of Appeals to review the ruling. 

In April of 2018, a federal District Court judge ruled that the Trump administration must resume accepting DACA applications. He deferred his ruling to allow the Trump Administration to explain why it was canceling the program. After the explanation, the Court stated that the administration failed to justify the proposal to rescind DACA. 

DACA Recipients Wait for the Supreme Court’s Decision

The Supreme Court has heard oral arguments for and against the Trump administration’s decision to rescind the DACA program on November 12, 2019. The Supreme Court is expected to make a decision this summer about DACA. DACA recipients are caught in limbo wondering whether or not their work permits will become rescinded and they will need to go back to their countries of origin.

Contact Our New York and Chicago DACA Attorneys Today

If you are a DACA recipient, it is wise to speak to an experienced lawyer. If the Supreme Court decides that the Trump Administration does have the authority to rescind DACA, we can help provide you with excellent legal representation during this challenging time. Contact us today to schedule your initial consultation.

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