Update on SCOTUS Decision on DACA: What We Know

Transcript:Update on SCOTUS Decision on DACA: What We Know:
Update on SCOTUS Decision on DACA: What We Know and What’s to Come July 30, 2020 DACA What Is It & Timeline What is DACA? On June 15, 2012, the Secretary of DHS announced via a memorandum that certain individuals who came to the U.S. as children and met several guidelines could request consideration for deferred action through the newly initiated Deferred Action for Childhood Arrivals (DACA) program. Does DACA Provide a Path to Legalization or to Citizenship? No. DACA does not grant a path to permanent residency or citizenship. That can only be done if legislation like the DREAM Act were to be enacted into law. How Many Persons Are Currently Protected by DACA? There are approximately 700,000 individuals who currently have DACA. It is estimated, however, that there are as many as 1.3 million persons living in the U.S. who could be immediately eligible for the program. Some potential DACA recipients did not come forward because they faced obstacles such as the application fee or proof of continuous presence, while others feared giving information to DHS. What happened to DACA in September 2017? The Trump Administration attempted to end DACA on September 5, 2017. For nearly three years, the attempt to terminate DACA was the subject of litigation and multiple nationwide preliminary injunctions. November 12, 2019- the Supreme Court heard oral argument on DACA. June 18, 2020- the Supreme Court issued a ruling that has at least temporarily prevented the Administration from ending DACA in the manner they attempted in September 2017. The opinion allows new DACA recipients to apply as well. On June 19, 2020- July 26, 2020-President Trump announces he will end DACA and that he will keep DACA numerous times. July 27, 2020-Trump Administration issues memo limiting DACA program and signaling review of DACA leading to possible/likely cancellation. Key Takeaways from the Supreme Court Decision This victory is temporary and the Senate must act for a real solution Court did not address whether the DACA policy itself is legal In a decision to end DACA, DHS must consider DACA recipient’s reliance interest in the policy DHS could issue a new memo to end DACA that would satisfy the APA requirements; Also in theory the Administration could issue a memo On July 27th DHS issued a memo limiting DACA program What Does This Mean For Dreamers? Current DACA recipients remain protected from deportation and eligible for