• Alexander McShiras

The U.S. Supreme Court is About to Decide the Fate of DACA

On September 5, 2017, President Donald Trump issued an executive order to end the popular Deferred Action for Childhood Arrivals Program, or “DACA.” A number of states and interest groups sued the Trump administration to stop the order from going into effect.


Several Federal District Courts ruled in favor of #DACA recipients and stopped the rule from being implemented. Since late 2017, people who already have DACA can continue renewing their DACA. However, the government stopped accepting and deciding new applications. In the meantime, various cases wound their way through federal court. After the Supreme Court decided to hear the issue and decide the fate of DACA, the cases were eventually consolidated.


The case, Department of Homeland Security v. Regents of the University of California, was argued back on November 12, 2019. Various legal analysts expect a narrowly divided court to uphold Trump’s executive order to end DACA. Such a decision would take away work permits and protection from deportation from hundreds of thousands of people. While the Supreme Court’s term ends in late June, a decision in this case is expected any day.


I am advising all current and potential clients to renew their DACA as soon as possible, regardless of when it expires. In general, DACA applications that are pending at the time of the decision will get decided as normal regardless of what the decision is.  If the Supreme Court does end the DACA program and upholds Trump’s executive order to end it, those applications pending at the time of the decision will be the last DACA renewals to be approved. Thus, all those successful applicants will have two additional years of work authorization and protection from deportation. Those who don’t apply before the decision is issued will lose that opportunity.


Call Pikes Peak Immigration to schedule a consultation today!