The United States Supreme Court ruled in favor of Dreamers on June 18, 2020, ruling that the Trump administration cannot end DACA, the Deferred Action for Childhood Arrivals. The DACA program protects young people who were brought to the United States as children and shields them from deportation, lets them attend school and get work permits. Ending DACA was a key campaign promise for President Trump, the administration moved to end the DACA program in September of 2017. This is considered a significant win for immigration advocates; for months legal experts have predicted that the conservative court would rule in favor of the government’s case.
The court wrote that the government’s move to end DACA did not consider the impact on recipients. The decision, passed 5-4, was authored by Chief Justice John Roberts who was the “swing vote” and wrote that the government did not comply with procedural requirements and failed to give an “adequate justification” to end the federal program.
The Deferred Action for Childhood Arrival (DACA) program was created in 2012 through Executive Order, by President Obama to protect certain individuals from deportation and give them legal work authorization. To be eligible for DACA, an individual must meet the following criteria:
- Came to the U.S. under the age of sixteen (16);
- Has continuously resided in the U.S. for at least five years preceding the date of June 15, 2012;
- Currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
- Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
- Is not above the age of thirty.
DACA is a popular program, with an over 75% approval rate for legalized status for Dreamers. Over 700,000 Dreamers are impacted by today’s decision. In an April 2 filing, immigration lawyers argued to the Court that over 27,000 DACA recipients are frontline health care workers responding to the coronavirus epidemic “including dentists, pharmacists, physician assistants, home health aides, technicians” and nearly 200 medical students.
Farmer, Farmer & Brown is an immigration law firm with experienced attorneys who understand that immigration law is about people. Our legal team understands United States immigration laws and procedures; contact our knowledgeable and experienced immigration attorneys to schedule a consultation.