Trump’s efforts to end Deferred Action for Childhood Arrivals (DACA) began in September of 2017, jeopardizing the status of hundreds of thousands of young immigrants who have lived in the United States for most of their lives.
Created by President Obama, DACA grants renewable status in two-year increments to immigrants who were brought to the U.S. as children. The program shields them from deportation and allows them to obtain work authorization.
Fortunately, on June 18th, the Supreme Court ruled against Trump's move to end DACA in a 5-4 opinion. Chief Justice John Roberts, Jr., who authored the opinion, wrote that Trump’s attempt violated administrative protocol. According to the majority, Trump’s move to end DACA was arbitrary and capricious because it failed to provide a reasonable explanation.
Additionally, Roberts wrote that the administration did not consider the far-reaching effects of ending DACA. Not only would it upend the lives of hundreds of thousands of people, but it would also lead to billion-dollar losses in economic activity and federal tax revenue. Furthermore, DACA recipients wouldn’t be the only ones to suffer—many of their family members are U.S. citizens, and their employers are U.S. companies that have invested resources into their training and development.
Many are concerned, however, that the Chief Justice’s opinion simply invites the Trump administration to repeat its efforts to end DACA with a new approach. This is exactly what Trump, as a presidential candidate for the 2020 election, has pledged to do.
Some believe that this and another recent decision, in which the Supreme Court held that the 1964 Civil Rights Act protects LGBTQ employees from discrimination based on sexual orientation or gender identity, may weaken support for Trump, as he has failed to fulfill certain promises and even garner support from the justices he appointed. Others, however, argue it may fuel support for his campaign, as his reelection would be the only way to continue dismantling protections for immigrants.
Nevertheless, recent surveys suggest that most voters—even those who voted for Trump in 2016—believe that DACA recipients should be able to stay in the United States. Ultimately, the future of DACA may depend on the results of the 2020 election.
We Are Here for You and Your Family
Are you or a loved one a recipient of DACA? The immigration system as a whole is experiencing tumultuous policy changes and legislative disruptions. At Milla & Associates, LLC, we are determined to help immigrants and their family members survive these uncertain times and build lasting legal foundations in the United States. If you believe your future is here, we will do everything in our power to make that future a reality.
Contact us online or call (312) 702-1782 for dedicated legal support today.