DACA Heads to the Supreme Court
October 16, 2019
The executive action known as Deferred Action for Childhood Arrivals (DACA) has withstood a number of legal challenges over the years. In a few short weeks, however, the delicate future of more than 700,000 DACA recipients will face yet another test. On November 12, 2019, the Supreme Court will hear oral arguments for the DACA cases that the Supreme Court is considering to review this fall term. Although there exist legislative solutions, such as the Dream and Promise Act which passed the House and the Dream Act and SECURE Act (introduced in the Senate), Congress has so far failed to pass meaningful protections for undocumented immigrants eligible for deferred action and temporary protected status. This has deferred the DACA matter to court cases, which have put a halt to the Trump administration’s decision to terminate DACA in September 2017. The Supreme Court’s decision will have far-reaching effects by deciding the fate of the program for the near future.
The stakes have never been higher. In a recent survey, over fifty percent of DACA recipients reported that they fear being detained or deported from the United States at least once a day. An even greater share of DACA recipients surveyed reported that they feared being separated from their children. The Supreme Court’s decision will alter the reality for the millions of DACA recipients living and working in the U.S. If the Supreme Court rules with the Trump Administration, this would leave thousands stranded with few recourses, in the very place they call home.
On September 5, 2017, the Trump administration announced that it was terminating DACA, a decision that was been met with instant legal pushback. More than ten cases were filed challenging the administration’s decision. After a number of judges issued preliminary injunctions protecting the program, the administration appealed to the Supreme Court. Earlier this summer, the Supreme Court granted the administration’s petition, agreeing to hear arguments for three cases on November 12th, 2019. The Supreme Court’s ruling on the DACA cases and an array of other high-profile cases are expected in June 2020.
Legal advocates, allies, and organizations are bracing for the court’s ruling.
- The court may conclude it may review the administration’s decision. It may then rule that the termination is unlawful or lawful. A ruling stating that the action was unlawful would be good for DACA recipients because it would mean that the administration should not have terminated DACA under its reasoning at the time. The court may rule that the administration’s decision was lawful. This would be bad for DACA recipients because it would mean the administration could begin rolling back the program. It is also possible that the court could find DACA itself unlawful at this time. This would mean that the government could stop accepting renewals of applications.
- The Supreme Court may decide not to review the administration’s decision to terminate. A ruling along these lines would mean that the administration could commence rolling back the program; it could also mean that a future administration could reinstate it.
High-profile businesses, higher education institutions, former national security officials, and religious organizations have joined a litany of amicus briefs in support of DACA recipients. The plight of Dreamers clearly resonates with the majority of Americans. As it stands, an overwhelming majority of Americans support a pathway to citizenship. For now, the decision to stay DACA rests in the hands of the Supreme Court.