We are approaching the eight-year anniversary of President Obama’s announcement of the creation of the Deferred Action for Childhood Arrivals (DACA) program. In the coming weeks, the Supreme Court of the United States will weigh in on the future of the program.
In the case of Department of Homeland Security v. Regents of the University of California, the court must decide whether or not the Trump Administration’s decision to wind down the program was lawful.
Below, our DACA lawyer provides an overview of the facts, the legal issue, and what is at stake for the hundreds of thousands of people who were brought to the United States as young children.
Case Analysis: Department of Homeland Security v. Regents of the University of California
Background & Facts
Almost immediately after taking office, President Trump began undermining the DACA program. In the fall of 2017, the administration moved to officially phase out DACA. To date, more than 800,000 undocumented immigrants have received some form of relief through the DACA program. If DACA is allowed to end, these people could be subject to deportation.
The Legal Issue
Similar to many other high-profile immigration cases, the DACA case will come down to complex, somewhat arcane procedural rules. To start, the plaintiffs allege that the Trump Administration’s DACA rescission violated the Administrative Procedure Act (APA). The APA requires federal agencies to follow certain protocols when devising and implementing regulatory changes. Additionally, the plaintiffs contend that the rescission of DACA violates the due process rights of recipients—depriving them of their constitutionally protected rights to liberty and property.
What is at Stake in the Supreme Court’s DACA Case?
The stakes in the DACA case are enormous. Indeed, it is one of the most important decisions of the last decade. The nation’s highest court could save the program in its current form, or the court could give the Trump Administration’s free rein to terminate DACA—thereby making hundreds of thousands of undocumented Americans subject to removal from the United States.
There is no question: The Supreme Court should preserve the DACA program. The Trump Administration has demonstrated clear discriminatory animus in its efforts to take away the DACA rights that people have relied on. Beyond that, it is important to remember that DACA was intended, in large part, to be a stop gap measure. Comprehensive immigration reform is needed to provide permanent and reliable legal protection to DACA recipients. We need action: Congress must pass the DREAM Act.
Call Our DACA Attorney for Immediate Help With Your Case
At Goldstein Immigration Lawyers, our dedicated immigration lawyer has the skills, experience, and knowledge to handle the full range of DACA cases. We are committed to finding solutions for our clients. Call us now for a completely confidential review of your case. We represent DACA recipients throughout Southern California, including in Compton, Lakewood, Downey, Anaheim, and East Los Angeles.
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