Thousands of DACA recipients felt relieved when the Supreme Court on Thursday forestalled the Trump administration’s efforts to end Deferred Action for Childhood Arrivals (DACA), an Obama-era program. DACA intends to protect from deportation innumerable immigrants who were brought to the United States as children.
The 5-4 ruling was written by Chief Justice John Roberts and was supported by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer, and Sonia Sotomayor.
The Trump administration can repeal the program by providing adequate reasons, grounded in policy, as justification for ending DACA.
President Trump reacted angrily to this decision. On Twitter, he said, “These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives.”
These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives. We need more Justices or we will lose our 2nd. Amendment & everything else. Vote Trump 2020!— Donald J. Trump (@realDonaldTrump) June 18, 2020
Meanwhile, past President Obama tweeted saying, “Eight years ago this week, we protected young people who were raised as part of our American family from deportation. Today, I’m happy for them, their families, and all of us. We may look different and come from everywhere, but what makes us American are our shared ideals…”
Eight years ago this week, we protected young people who were raised as part of our American family from deportation. Today, I’m happy for them, their families, and all of us. We may look different and come from everywhere, but what makes us American are our shared ideals…— Barack Obama (@BarackObama) June 18, 2020
In the majority opinion, Justice Roberts wrote, “We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions ‘is none of our concern.’ We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”
According to CNN, “One hundred and forty-three business associations and companies filed a brief in support of DACA stressing that its phase-out will harm the economy. The brief points to research from the libertarian Cato Institute that estimates that companies will face an estimated $6.3 billion in costs to replace Dreamers “if they can even find new employees to fill the empty positions.”
DACA supporters also brought to the notice of the court that about 27,000 DACA recipients were working on the frontlines to fight COVID-19.
Per the USCIS,
“… certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is the use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.”
Check if you are eligible for deferred action.
The Supreme Court has sided with DACA recipients. However, it is important to keep in mind that the Trump administration can try to end this program again. Only federal legislation by the Congress can approve DACA and allow recipients to apply for green cards and U.S. citizenship eventually.
The Supreme Court’s ruling means that persons who are already DACA recipients will continue to get the benefits of DACA like protection from deportation and work authorization.
Those who are eligible can apply to renew their DACA status for two more years. Eligible people who haven’t applied earlier should be able to apply now for DACA for the first time.