On June 18, 2020 the U.S. Supreme Court sided with DACA recipients ruling that the way in
which the Trump administration rescinded the DACA program in 2017 was unlawful. The
decision is a huge victory for immigrant communities and their allies who mobilized to protect
the DACA program.
Although the Court sided with DACA recipients, it is important to remember that the Trump
administration can again try to end the program through an executive action. While
only Congress can take action to create a permanent solution for DACA recipients through
federal legislation, we must also continue demanding that state and local officials protect our
communities from immigration enforcement. It is time for a permanent legislative solution for
DACA recipients, TPS holders, and all other immigrants at risk of deportation.
WHAT DID THE COURT DECIDE?
The Court ruled in favor of the DACA program, rejecting the Trump administration’s 2017
attempt to terminate the program. This decision restores the program completely, and both initial
and renewal applications should be accepted by USCIS. Eligible individuals can begin filing new
DACA applications immediately.
WHAT DOES THIS MEAN FOR THE COMMUNITY?
Current DACA recipients continue to be protected from deportation and eligible for
benefits under the DACA program, like work authorization.
- Eligible DACA recipients can continue to apply to renew their DACA for two more
- Eligible individuals who never had DACA should be able to apply at this time.
- All eligible individuals should consult with a legal service provider for information about
applying for DACA for the first time, renewing their existing DACA, and/or getting
screened for eligibility for other, more permanent immigration options.
- It is possible Advance Parole may again allow DACA recipients to travel outside the
United States and return. However, details of this possibility are still unclear, and the
potential impact of the COVID-19 pandemic may limit the ability to travel. Check with a
legal service provider for more information.