The Supreme Court Upholds DACA

Today’s 5-4 Supreme Court decision ruled against the current administration’s attempt to end DACA.This means that for now DACA is still alive. We’re so relieved for those currently in DACA status who have been in limbo feeling the weight of this upcoming decision on their shoulders. But the fight is not over! The decision unfortunately leaves the door open for future attacks.

Below is some general information. Please consult with an experienced immigration attorney if you need specific legal advice.

I have DACA status. Can I renew? Yes. If you are in DACA status or have had DACA status before, you should be able to send your application to renew to USCIS.

I have DACA. Can I apply for advance parole that allows me to return to the U.S. after foreign travel? The Supreme Court concluded that DACA was terminated unlawfully, so advance parole should be reinstated. Given that USCIS had stopped accepting advance parole applications for DACA, it may take some time for them to reopen the DACA policy for advance parole requests consistent with the Supreme Court’s decision. We cannot know how long this might take. Please feel free to contact us at 510-540-4149 if you would like discuss ways to prepare for filing if/when the advance parole process reopens.

I have not applied for DACA yet. Can I submit an initial application? It would be consistent with the Supreme Court’s decision for USCIS to again receiving initial DACA applications. But it may take some time for USCIS to reopen the DACA policy for initial application requests. We cannot know how long this might take. Please feel free to contact us at 510-540-4149 if you would like discuss ways to prepare for filing if/when the initial DACA filing process reopens.

So did the Supreme Court say DACA is here to stay? Unfortunately, no. The decision focuses on how the DHS ended DACA in 2017 and found DHS failed to provide a reasonable explanation for ending DACA. The decision does leave DACA open to future attack. If and when and in what form future attacks might come are hard to predict.

We will be following any new developments as they are made available. Please feel free to contact us at 510-540-4149 if you need any help.