the constitution and flag

Supreme Court’s Decision on DACA and How It Protected Innocent Children

DACA supporters holding signs

The Trump administration has been pushing to end the DACA program since 2017. However, a ruling by Supreme Court on June 18 deferred the attempts for now. The court did not pass any judgment on whether the DACA program is effective or if ending the program would have any merit. For now, the court’s decision concerned whether the Administrative Procedures Act even allows the current administration to end it like this. It was found to be a resounding no.

For immigrant communities and other sympathizers, this news brings a lot of joy. However, we can’t afford to forget that new attempts can be made to close the program through a different executive path.

Hence, it’s up to us to keep ourselves informed about the program to check any such attempts by the administration. Let’s take a look at what DACA, which stands for Deferred Action for Childhood Arrivals, actually entails.

What Is The DACA Program?

The previous U.S president, Barack Obama, introduced the DACA program in 2012. The program acts as a measure against the deportation of citizens who came into the United States when they were children without any status of citizenship or legal residency. This is a temporary solution and the protection usually goes up to two years, after which it can be renewed. However, one can’t get citizenship through the program, only protection from deportation.

The immigration assistance program provides quite a lot of benefits to its participants. Other than being allowed to stay in the country, one gets access to work permits and even health insurance if their employers allow it.

As they can work legally, they can also opt for school and higher education if they feel the need to do so. Depending on the state they’re in, they can get a driver’s license, educational grants, and health insurance from the state.

What Is The Case With DACA Now?

The latest decision has retained the status quo. Either the Trump administration has to give up their dream of ending DACA or find an excuse compelling enough for a lower court to end it. It’s still going to take months before the Trump administration can try again and that won’t be possible before the November election.

However, in response to Supreme Court’s decision, the Department of Homeland Security will make certain changes to DACA immediately. It’ll reject all initial application requests for Employment Authorization Documents.

It’ll reject pending and new requests for advanced parole absent exceptional circumstances. Further, it’ll also limit the renewed deferred action granted pursuant time period to the DACA policy post the issuance of this memorandum to one year.

While the department is considering future actions, they believe the existence of crucial policy reasons that might warrant the full revocation of the DACA policy.

After the Trump administration made the decision to end the program in 2017, there hasn’t been one case of approval for new applicants. However, advocates have used immigration law to keep the program half-alive for the existing immigrants. The ruling from lower courts is that until the Supreme Court makes a final decision on DACA, people with a protected status should be able to renew it.

What Was Trump’s Reason For Trying To Eliminate It?

Trump made this decision after he got threatened by Nine state attorney general with conservative views on immigration. They believed the former president crossed his authorial jurisdiction by creating it. This is the argument he went to court with.

Final Thoughts

It’s up to the citizens to keep themselves informed on the latest attempts on DACA so that immigrants don’t suffer.  We can help file and renew DACA applications