DACA - Deferred Action for Childhood Arrivals (DACA)
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Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals (DACA)

The U.S. Supreme Court of Justice decides to uphold the Deferred Action for Childhood Arrivals (DACA) program, despite the Trump Administration’s efforts to have it terminated. This decision was issued on June 18, 2020, on the grounds that the Department of Homeland Security (DHS) has failed to provide adequate reasoning to support its decision in having this policy cancelled.

Background

The DACA program was created in 2012 to provide temporary respite for some 700,000 undocumented young immigrants who have arrived in the U.S. under circumstances beyond their control. They were given the chance to participate in this program in keeping with state eligibility criteria which includes educational requirements and zero significant misdemeanor, among many others. They would also have to pass and complete a biographic and biometric test, of which substantial documents have to be provided for.

 

Under this policy, these individuals, often referred to as “Dreamers,” may qualify for numerous work and health benefits, renewable every two years, as this policy does not provide a pathway to legal U.S. citizenship; only alleviation.

 

In 2017, plans to rescind the DACA program began to surface on the premise that it was an unconstitutional overreach from the previous administration of Obama. This attempt was quickly contested by various supporters and groups, which led to years of litigation under which the policy was able to continue to operate.

Overview

In recent events, three federal appellate courts, including the U.S. Court of Appeals for the 9th Circuit, upheld the order to keep the program in place, by reason of failure from the DHS to present a proper administrative process leading to their decision to rescind the policy. It was not a question of authority, but rather, a matter of judgment on whether the agency’s decision was reached through satisfactory means, with the Supreme Court regarding it as “arbitrary and capricious.”

 

Such may be considered a violation of the Administrative Procedure Act (APA) and so, this decision was set aside pursuant to the section of the APA that oversees the judicial review of agency actions.

this directive still gives the Administration future opportunities to rescind the DACA program once it finds a more suitable course of action. However, this next move might take time, and thus, rescission is highly unlikely to be achieved in the same year.

Outcome

The DACA Program remains in place for now, and will continue to allow its current recipients the opportunity to stay in the U.S. They will be allowed to renew their benefits, receive certain types of welfare, make a living and seek higher education in accordance with state law policies. However, new applicants for the policy will have to wait before they can participate in the program, as it still remains unclear as to whether DHS will resume operations in this capacity.

Direct U.S. Immigration intends to keep abreast with these developments, and will post any future updates regarding the DACA program as it continues to unfold.

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