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The Supreme Court Upholds DACA

Posted June 18, 2020Maria Cabrales - Law ClerkArticles

On June 18th,the Supreme Court ruled that the Trump administration’s rescission of DACA (Deferred Action for Childhood Arrivals) was arbitrary and capricious under the Adminstrative Procedures Act. The Administrative Procedures Act governs the process that federal agencies must follow when they issue new regulations. Now, DACA recipients can continue to renew their work authorization and USCIS can begin accepting new applications. DACA is an Obama-era program that protects thousands of children brought to the U.S as children from deportation.

The Trump administration decided to phase out the program in 2017, ending many applicants’ ability to apply for DACA. The Supreme Court stated that their decision is not about the Department of Homeland Security’s (DHS) ability to rescind DACA. DHS can end DACA. The primary argument was whether the Trump administration followed protocol per the Administrative Procedures Act, as the Supreme Court found that DHS failed “to provide a reasoned explanation” for the decision to phase out DACA. 

If you currently hold DACA or want to know if you are eligible to apply for DACA please contact our firm at: