Immigration Law Associates, PC

The Supreme Court and the DACA Initiative

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On November 12, 2019 the Supreme Court heard arguments challenging President Trump’s initiative to terminate the Deferred Action for Childhood Arrivals (DACA) program.

The Supreme Court is to address one question: has the Trump administration provided an adequate explanation for why it ended the DACA program that is not arbitrary and capricious?

There are currently over 600,000 people enrolled in DACA. President Trump terminated the program on September 5, 2017 but due to several lawsuits in lower courts in response to the rescission, USCIS was forced to continue to accept DACA applications.

The DACA program was implemented by former president Barack Obama in June 2012 to provide young unauthorized immigrants protection from removal and the ability to obtain lawful employment. The Trump administration has relied heavily on the termination of the Deferred Action for Parents of Americans (DAPA) program (from a U.S. District Court in Brownsville, Texas) as justification for terminating DACA, claiming the DAPA program was illegal and thus, so is DACA. The administration has failed to provide policy justification for terminating the DACA program.

Initial reports from the November 12th hearing indicate a majority of the justices are inclined to agree with the Trump Administration and allow the rescission of the program, leaving hundreds of thousands of people at risk for deportation.

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