New York, New York — One week before the March 5 deadline for Congress to come up with a bill to replace the Deferred Action for Childhood Arrivals (DACA), the U.S. Supreme Court denied the Trump administration’s challenge to a federal court ruling to allow DACA to continue operating. Kerry Bretz, Partner, Bretz & Coven, LLP, says the ruling will allow the approximately 700,000 DACA recipients, known as “Dreamers,” to stay in the country.
On September 5, 2017, the Justice Department announced that the DACA program would end on March 5, 2018, and no new applications would be accepted. U.S. Attorney General Jeff Sessions argued that DACA is unconstitutional, stating it provides across-the-board amnesty to those who entered the Obama-era program since 2012. A series of lawsuits were filed in U.S. District Court, Northern District of California against the Trump administration to prevent the end of DACA and, on January 9, 2018, a U.S. District Court judge in San Francisco ruled in favor of the plaintiffs and ordered the U.S. Citizenship and Immigration Services to renew the permits of existing DACA recipients.
The Trump administration challenged the lower court’s ruling in the U.S. Supreme Court. On February 26, 2018, the Supreme Court refused to hear the case, meaning the Court of Appeals’ decision stands.
“I am glad to see the U.S. Supreme Court allow the judicial process to take place,” Mr. Bretz says. “Those who have been in this country under the protection of DACA should continue to stay here. I believe the president overplayed his hand in trying to challenge the lower court’s decision while the Court of Appeals continued to review the case. Any DACA recipient who needs assistance with their permit renewals should meet with an immigration law attorney immediately.”
For more information, call (212) 267-2555 or visit Bretz & Coven, LLP.