U.S. Supreme Court DACA Decision

In September 2017, U.S. Attorney General, Jeff Sessions, concluded that the Deferred Action for Childhood Arrivals (DACA) program was illegal. In a letter, he advised the Department of Homeland Security (DHS) to rescind Deferred Action for Childhood Arrivals (DACA). The acting Secretary of Homeland Security subsequently issued a memorandum stating that DACA should be terminated and detailing the way the program would be winded down.

After months of litigation in various circuits, on June 18, 2020, the U.S. Supreme Court held against DHS’s decision to terminate the DACA. In its decision, the Court held that (1) DHS’s decision was reviewable and (2) DHS’s memorandum was in violation of the Administrative Procedure Act.

It is important to note that the Court did not decide whether DACA was legal. Rather, it affirmed that because the Attorney General concluded that DACA was illegal, DHS’ decision to terminate the program was within its legal authority under the Immigration and Nationality Act. The Court’s decision was based solely on the defects of the memorandum issued by the acting secretary.

This decision continues to leave DACA recipients with uncertainty. If you are a DACA recipient, now is the time to renew. If you have any questions regarding immigration, please do not hesitate to contact us at 323-857-0034. We are here to help.