Supreme Court Blocks Rescission of DACA. Trump May Seek to Terminate DACA Under Revised Process

On June 18, 2020, the Supreme Court of the United States ("SCOTUS") issued a decision blocking an attempt by the Trump Administration to end the Deferred Action for Childhood Arrivals ("DACA") program.  DACA was created through a June 15, 2012 DHS memorandum issued during the Obama Administration and provides protections from removal (deportation) to certain undocumented immigrants who were brought to the U.S. as children and who meet certain strict requirements. 

The SCOTUS decision found that the government's effort to terminate DACA was "arbitrary and capricious" and remanded the case for further consideration. The decision provides some temporary relief to DACA beneficiaries. However, SCOTUS did not limit the Trump Administration's ability to terminate the program if it follows a proper legal process. On June 19, 2020, the Trump Administration signaled that it may try to terminate the program again. The President issued a Tweet stating that his Administration "will be submitting enhanced papers shortly in order to fulfill the Supreme Court's ruling."

The U.S. Department of Homeland Security has issued a statement regarding the SCOTUS decision, but has not provided guidelines related to its implementation.

DACA beneficiaries and interested parties should continue to follow the developments closely.

For more information, please contact one of our immigration attorneys.