Hello
We are sure by now that most of you have heard the surprising and joyful news that yesterday, June 18, the Supreme Court issued a decision affirming the truth that we have known all along: the Trump administration was wrong to end DACA. In a 5-4 decision, the Supreme Court declared that the Trump administration’s decision to end DACA was “arbitrary and capricious,” and therefore illegal, under our laws. This is a major victory for all those who have fought for DACA, and for our community as a whole! Not only does our immigrant community deserve this win but so do all of us who deserve to live in a country where immigrants live and thrive among us.
Yet even though this is a moment to celebrate, the practical implications of this decision remain somewhat unclear. The Supreme Court states unequivocally that the DACA program may be terminated by the Trump administration, if it follows the correct procedure and provides a legally sufficient rationale. The Supreme Court says that the 2017 decision to end DACA was not based on a sufficient rationale, in large part because it failed to address the potential hardship to families that currently benefit from the DACA program. But importantly, this decision does not prevent future actions from the Trump administration to end DACA again. This means that the ball is now in Trump’s court. If the Trump administration tries to end DACA again, it is impossible to anticipate what outcomes could arise.
For now, most agree that the Supreme Court decision indicates that DACA should be fully reinstated under the terms that President Obama set out in his original executive orders. This means that, shortly, United States Citizenship and Immigration Services (USCIS) should begin accepting applications for DACA for individuals who have never had it before, and should also consider applications for Advance Parole (allowing individuals with DACA to leave the US and return again in certain circumstances). But as of writing this, USCIS has not issued any new guidance for how to apply for DACA for the first time. As legal practitioners, we have to follow agency guidance when submitting applications for immigration benefits, and so we will not be able to apply for new DACA benefits until we hear from USCIS. We hope that updated guidance for DACA will be published soon and we can begin registering more young people for this life-changing relief.
We stand by our commitment to support permanent protection for not only DACA recipients but their families and, really, all immigrants. Our Congress must act, and soon, as we do not expect the Trump Administration to call off the attacks. We are seeing this month how public outcry and action can create political imperative for real change. Our Congress people must feel pressure to solve this problem and until they act, we must not relent.
We extend enthusiastic congratulations to all activists and DACA recipients who have fought so hard for this victory and we pledge to stand with our community no matter what lies ahead in this fight and every fight that supports a broader vision of equity for our country.
As usual, we thank you for your support and remind you that your donations, no matter the size, are what make our work possible. Thank you for believing in us and, more importantly, in our clients' bright futures in this country.
In solidarity,
Santa Fe Dreamers Project
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