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DACA in the Supreme Court and Beyond
Posted on Nov 12 2019
November 12, 2019 – Today, the U.S. Supreme Court heard arguments regarding the legality of the termination of the Deferred Action for Childhood Arrivals’ (DACA) program. Lower courts have uniformly concluded that the termination of DACA was unlawful. The Supreme Court’s decision is expected by the end of its term in June 2020.
Whatever decision the Supreme Court makes, DACA recipients need a secure path to permanent residence and citizenship. Congress must act to create that path.
At today’s oral argument, the government contended that the decision to end DACA was not subject to judicial review. They also argued that the administration’s reasons for ending DACA were sound. The plaintiffs—who included DACA recipients, several states, and social justice organizations—responded that the Court undoubtedly had jurisdiction to review the termination of a program upon which hundreds of thousands of young Dreamers had relied. The plaintiffs also pointed out that the administration’s stated reason for ending DACA—that the program is illegal—was incorrect and inadequate.
The Court’s decision could take a number of paths. The Court could conclude that it lacks authority to review the termination of DACA or determine that the decision to do so was permissible, both of which would result in the end of DACA. On the other hand, the Court could decide that the decision to end DACA was unlawful, which would result in DACA continuing for current recipients—and possibly even being available to new recipients—if and until the administration provides a proper justification for rescinding the program.
“ILCM worked hard to see DACA take effect, and we continue to defend the Dreamers of today and tomorrow, by conducting outreach, assisting current DACA recipients with renewals, and signing on to a friend-of-court brief submitted in the Supreme Court case,” said Veena Iyer, executive director of ILCM. “As of August 2018, 5,670 Minnesotans had received DACA status. They are our family, friends, neighbors, classmates, colleagues, classmates, teachers, doctors, and lawyers. The administration should not be permitted to evict these Dreamers from the only home they have ever known. Congress must act to give them permanent protection. Their home is here.”
New applications for DACA are no longer being accepted, but renewal applications are still being processed. ILCM urges individuals who have been granted DACA to renew their DACA status. Persons living anywhere in Minnesota can call ILCM at 651-641-1011 or 1-800-223-1368 to schedule an appointment.