RENEW YOUR DACA NOW
By Liliana Gallelli, Esq.
I urge you to renew DACA while it is still possible.
United States Citizenship and Immigration Services (USCIS) is still accepting DACA renewal applications. BUT we are bracing for the US Supreme Court Decision which will be rendered no later than June 2020. US Supreme Court Decisions are published every Monday.
As a result of the Trump Administration’s decision to terminate DACA, there were various cases filed against the termination of DACA, including Regents of the University of California, et al. v. Dept. of Homeland Security (DHS), Batalla Vidal v. Nielsen, and NAACP v. Trump.
The Supreme Court heard oral arguments in November 12, 2019 and will soon issue its decision, possibly as early as next week.
There are several potential outcomes of the Supreme Court’s review of these DACA cases:
• “The Supreme Court concludes that courts may not review the Trump administration’s decision to terminate DACA.” The Trump administration could then proceed to terminate DACA, and decide what to do with DACA applications. However, a future administration could reinstate DACA without challenge from any courts based on this preceding case.
• “The court concludes that it may review the administration’s decision to terminate DACA and rules that the termination is unlawful. This would be a win for DACA recipients.” DACA would revert back to its pre-September 2017 state. However, there is no certainty as to how the Trump administration would react to this decision. There could be other attempts to end DACA based on different legal reasoning.
• “The Court concludes that it may review the decision, and it decides that the Trump administration’s termination of DACA is lawful.” Thus, the Trump administration will determine how DACA is dealt with, particularly with renewal applications, work permit expirations, etc.
United States Citizenship and Immigration Services (USCIS) is still accepting DACA renewal applications. BUT we are bracing for the US Supreme Court Decision which will be rendered no later than June 2020. US Supreme Court Decisions are published every Monday.
As a result of the Trump Administration’s decision to terminate DACA, there were various cases filed against the termination of DACA, including Regents of the University of California, et al. v. Dept. of Homeland Security (DHS), Batalla Vidal v. Nielsen, and NAACP v. Trump.
The Supreme Court heard oral arguments in November 12, 2019 and will soon issue its decision, possibly as early as next week.
There are several potential outcomes of the Supreme Court’s review of these DACA cases:
• “The Supreme Court concludes that courts may not review the Trump administration’s decision to terminate DACA.” The Trump administration could then proceed to terminate DACA, and decide what to do with DACA applications. However, a future administration could reinstate DACA without challenge from any courts based on this preceding case.
• “The court concludes that it may review the administration’s decision to terminate DACA and rules that the termination is unlawful. This would be a win for DACA recipients.” DACA would revert back to its pre-September 2017 state. However, there is no certainty as to how the Trump administration would react to this decision. There could be other attempts to end DACA based on different legal reasoning.
• “The Court concludes that it may review the decision, and it decides that the Trump administration’s termination of DACA is lawful.” Thus, the Trump administration will determine how DACA is dealt with, particularly with renewal applications, work permit expirations, etc.
