Now That the Supreme Court Upheld DACA, Marks Gray Explains What It Means for Employers, Dreamers, and Their Loved Ones.
The Deferred Action for Childhood Arrivals (DACA) program has protected and provided employment authorization for about 700,000 undocumented immigrants brought to the country as children, known as “Dreamers.”
DHS tried to terminate DACA — but the Supreme Court overruled them.
Why Did the Supreme Court Side with the Dreamers?
Justices found that DHS failed to comply with procedural requirements that demanded a reasonable explanation for terminating the program. In their decision, the Court found that the actions of DHS were “arbitrary and capricious.”
The 5 to 4 decision was written by Chief Justice John G. Roberts Jr. and joined by the court’s four liberal justices.
In the decision, the Chief Justice noted that DACA recipients are enrolled in schools, have established careers, have purchased homes, and have started businesses and families. He also noted the possible loss of $215 billion in economic activity associated with DACA beneficiaries.
What Exactly Does The Supreme Court’s Decision Mean?
For now, Dreamers across the country will continue to have the ability to live and work in the United States with temporary protection from deportation and employment authorization rights.
Additionally, during the litigation, DACA beneficiaries were able to renew their status. But new applications were not being accepted.
Now that the Supreme Court has weighed in, DHS and USCIS should continue to renew current DACA beneficiaries and accept new DACA applications.
However, the battle isn’t completely over.
The Court also made it clear in their decision that the President has both the power to continue the program and the power to terminate — if he follows the correct legal process.
Because of this, it is vital for Congress to take action to pass permanent protection for Dreamers once and for all. Most Americans from across the political spectrum want Dreamers protected with permanent residency in America. It’s time that Congress addressed this desire with legislation.
Still, Dreamers have lived in fear and uncertainty since the program was targeted for termination by the Administration in 2017. Now Dreamers across the country — as well as those who employ and/or depend on them — are breathing a sigh of relief.
To stay up-to-date on business immigration news, subscribe to our Immigration News Bites below.