The Supreme Court today halted the Trump administration’s effort to rescind DACA, Deferred Action for Childhood Arrivals — at least for now. https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf
The decision is a victory for Dreamers, young people who were brought to the U.S. as children and under DACA received temporary relief from deportation and work authorization among other important benefits. It means that for now DACA recipients’ protection against removal from this country and eligibility for work authorization are maintained. However, according to the decision, the Trump administration has the authority to try again to rescind DACA if it follows the administrative decision-making process the law requires.
The Court’s decision also dismissed further consideration of valid equal protection claims raised in the challenge to DACA’s rescission. As Justice Sotomayor noted in dissent on this point, the Court should have permitted the equal protection claims to proceed on remand, especially in light of the many factual allegations demonstrating animus on the administration’s part.
The decision is positive for the approximately 700,000 young people known as Dreamers in that their protections under DACA remain at least for now. But they remain in legal limbo subject to the actions of a hostile administration. Federal, state, and local action are required to recognize Dreamers’ contributions to the country that has been their home since they were children and to the contributions of all undocumented people – our neighbors, co-workers, and family – who contribute to the health, economy, and vitality of the U.S.
Please join us on Monday, June 22, 2020 from 5:00 – 6:30 PM via Zoom for a follow-up DACA De-brief: Analyzing the Recent Supreme Court Decision and What Comes Next to discuss the Supreme Court’s decision and where we might go from here.