DACA Hearing before the U.S. Supreme Court

Yesterday, November 12, 2019, the U.S. Supreme Court heard oral arguments on the several legal challenges to the Trump administration's decision to end the Obama-era DACA (Deferred Action on Childhood Arrivals) program, which has provided more than 700,000 people the availability of deferred action and work authorization since it went into effect in 2012. Since the Trump Administration’s announcement in September 2017 that it would terminate the DACA program by March 5, 2018, several lower federal courts have halted the rescission of the program through nationwide injunctions. At issue before the Supreme Court justices is whether the courts have the right to review the Trump Administration’s decision to end the program, and whether the rescission was lawful because the Administration failed to adequately identify how the DACA program was legally or constitutionally defective.

Following the Supreme Court’s historical deference to the presidency, early reports indicate that the Supreme Court’s conservative majority appear ready to side with the Trump Administration. A high court ruling is expected no later than June 2020. We will continue to monitor the case and will provide updates as more information becomes available.