Deportation Lawyer

What the Supreme Court’s Recent Decision Means for DACA 

In February 2018, the Supreme Court refused to review an order from a federal judge regarding the Deferred Action for Childhood Arrivals program. This order requires the Trump Administration to continue the program, which applies to undocumented immigrants who were brought into the United States as minors. As a result of the Supreme Court’s ruling, many undocumented immigrants will now breathe easier, at least temporarily.

About the DACA Program

The DACA program provides protection against deportation for nearly 700,000 immigrants who entered the United States through no fault of their own while they were still children. This program also enables protected individuals to qualify for work permits, allowing them to obtain jobs in the U.S. legally. DACA was originally established by President Obama in 2012 without congressional action. Although the program received unwavering support from most Democrats, Republicans considered its creation to be an executive overreach and have sought to end the program.

After assuming office, President Trump decided to end the DACA program and imposed a March 5 deadline for congressional action. However, two federal courts have now ruled that this action was not legal.

Understanding the Supreme Court’s Decision

One of the federal judges that found against the Trump Administration was District Judge William Alsup. Alsup granted a request from several California cities, the University of California and the state of California to block President Trump’s decision to end this program while their lawsuit against the Trump administration is pending. He based his ruling on the reasoning that those challenging the administration’s decision were likely to be successful.

The other federal judge who found against the Trump administration was District Judge Nicholas Garaufis of New York. This judge based his decision on holes in the Trump administration’s argument, such as the idea that the creation of the program was illegal and unconstitutional.

The Supreme Court could have either overruled the federal court’s decision or agreed to hear the case in the spring. However, they decided to refuse to review the decision.

What Does This Mean for Immigrants?

This decision represents a victory for people protected under the DACA program. Because the Supreme Court hasn’t fast-tracked the legal battle, DACA recipients will be able to continue renewing their protections without worrying about President Trump’s deadline for congressional action.

Nonetheless, the legal battle isn’t over. Following the Supreme Court’s decision not to review the case now, the case will go back to the 9th Circuit. In addition, it is still possible that the battle will end up in the high court at some point in the future. If the Supreme Court ultimately upholds the Trump administration’s actions, those protected by DACA will face significant legal trouble.

Seeking Legal Counsel

Immigration is one of the most complicated areas of the law. If you are dealing with any issue related to immigration law, seeking counsel from an experienced attorney is essential. At Carman & Fullerton, we can handle virtually any immigration matter, from DACA cases to deportation. We have represented all types of clients in immigration cases, including both citizens and non-citizens. Our staff is compassionate and respectful of our clients at all times, regardless of their circumstances. In addition, our attorneys speak Spanish, allowing them to communicate more effectively with Spanish-speaking immigration clients.