DACA survives for now after Court ruling

DACA survives for now after Court ruling

| Aug 24, 2020 | Immigration |

Dreamers in Florida can breathe a large sigh of relief as the program known as DACA appears safe for now after the U.S. Supreme Court struck down the Trump Administration’s attempt to scuttle the program. The 5-4 decision was authored by Chief Justice John Roberts and released on June 18. However, it still left the door open for the Trump Administration to mount another future attack on DACA.

The court decision was not based on whether the DACA program began by President Obama was legal. As was the case in many controversial decisions issued by the Roberts Court, the justices passed on deciding this issue. What the Court did decide was that the decision-making process that the Justice Department used to try to eliminate the program was flawed. The Attorney General made his decision in a one-page memo that was procedurally deficient. As a result, the government’s decision was considered arbitrary and capricious.

By deciding based on the process instead of legality, the Court did not fully decide the issue of DACA. Immediately, anti-immigration activists began pressing the Trump Administration to take another try at eliminating DACA, which could ultimately lead to deporting the Dreamers. If the Administration fixes and bolsters its reasoning for eliminating the program, presumably it could force the Supreme Court to rule on the legality of DACA. This is exactly what the President indicated that he would try to do in the future.

This is a trying time for those with immigration issues in the U.S. Suddenly, immigration processes have become more restrictive and difficult, and the stakes of every piece of paperwork have risen. An immigration attorney may help a client by providing advice on various government visa programs or by carefully filling out paperwork.