Deferred Action for Childhood Arrivals (DACA) was established in 2012 and protects undocumented children from deportation. Even if the individual facing deportation is now an adult, they can be granted DACA protection and work authorization if they entered the country before they were 16 years old.
2017 Challenges
In 2017, the Trump administration attempted to terminate DACA, claiming that President Barack Obama did not have the legal authority to create the program. Luckily, Trump’s attempts were foiled by several appellate courts, which found that the program “could not be stopped abruptly without valid and non-pretextual legal justification” due to the sheer amount of people who depend on it. The appellate courts’ decisions have kept about 800,000 young migrants safe from deportation.
Supreme Court Review
Currently, Trump’s decision to end DACA is scheduled for Supreme Court review in November. If the court upholds the legality of the president’s decision, Congress has committed to pursuing new legislation. With Trump’s recent denial of emergency deferrals, however, many DACA supporters and “Dreamers,” (or those with DACA protection) are nervous about the possibilities. Their fears are especially valid because lawyers from the Justice Department recently told the Supreme Court that they consider Trump’s actions to be lawful. To make matter’s worse, the Department of Homeland Security has concluded that DACA itself is unlawful.
The fate of DACA is currently in the hands of the Supreme Court justices, who are projected to decide the case in spring or summer of 2020.
How will this Affect the 2020 Election?
Although DACA has fierce bipartisan support, Trump’s “crackdown on immigration,” was one of his campaign promises, so he will likely be aggressive with his anti-immigration stance as the 2020 campaign battle intensifies.
How will this Affect Me?
As of 2020, DACA is not guaranteed.
If you wish to take action before the fate of DACA is decided, time is of the essence. Our immigration attorneys can help you become a Dreamer by handling your DACA case and maximizing your chance of obtaining protection.
At Smith Law Offices, LLC, we treat our clients like family and offer services in English and en español. We have over 50 years of experience and are passionate about finding personalized legal solutions.
Let us help you today. Call us at (636) 400-1177 or submit your information online.