Supreme Court Says DACA Stays – For Now

In Dept. of Homeland Security v. Regents of the Univ. of Cal., the U.S. Supreme Court recent ruled that the Deferred Action for Childhood Arrivals (DACA) program was improperly ended by the U.S. Dept. of Homeland Security (DHS).

DACA allows certain unauthorized aliens who arrived in the United States as children to apply for a two-year forbearance of removal. Those granted relief become eligible for work authorization and various federal benefits. In June 2017, DHS announced it would no longer accept new applications, but that existing DACA recipients whose benefits were set to expire within six months could apply for a two-year renewal. For all other DACA recipients, previously issued grants of relief would expire on their own terms, with no prospect for renewal.

The Supreme Court said that required procedures were not followed when DHS ended the program, and DHS’s stated grounds for ending the program were insufficient. As a result, DACA recipients may continue to renew membership in the program, which includes work authorization in the U.S. and temporary protection from deportation. Employers should continue to look for updates on this topic should DHS attempt to end the program again.

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