In the News: Trump Defying Supreme Court Over DACA

In the News: Trump Defying Supreme Court Over DACA

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Last month, the Supreme Court ordered the Trump Administration to resume processing DACA renewals and applications. The ruling called Trump’s actions “arbitrary and capricious.” 

This month the Trump administration announced they have no intention of complying with the Supreme Court’s order. They promised to “thoughtfully consider the future of DACA policy.”

In the meantime they said they would make the following changes:

“Reject all initial requests for DACA and associated applications for Employment Authorization Documents; reject new and pending requests for advanced parole absent exceptional circumstances; and, limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.” 

This means even if you are renewing your DACA application it won’t last as long as it used to. The existing order says that DACA recipients are supposed to get a two year renewal, and the court has flat out ordered Trump to accept new applications.

As noted by Slate, this will make it easier for Trump to deport DACA recipients if reelected. Meanwhile it’s clear they’re going to continue looking for ways to repeal DACA entirely. 

US District Paul Grimm has ordered the Department of Homeland Security to comply with the order. 

There are concerns that Trump could rescind DACA entirely with or without congressional help. 

“It’s not clear exactly  how he intends to end the program. He could do so without Congress’s help, but he said during a press conference at the White House on Tuesday that he also intends to work with Congress on creating a “merit-based” system for immigration. He didn’t elaborate further on what that meant, but he has previously described such a system as one that prioritizes high-earners and skilled workers over those with family ties to the US.” –Vox

At the least, moves to demolish DACA unilaterally can be blocked by challenges in federal court. Yet this does not provide a lot of solace to the thousands of American Dreamers who have been left in limbo and continue to suffer.

If you’re currently protected by DACA this might be a good time to do whatever you can to get your status changed or upgraded if possible. Be aware that the fees for all services have gone up, but with the help of a savvy immigration attorney you might be able to get your status on more stable footing before something else goes wrong.

See also:

Court Orders Trump Administration to Resume Processing DACA

In the News: Supreme Court Upholds DACA

Deportation and Removal Defenses

In-Office Consultation

Realizing Your Dreams for a New Life in the United States

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