The case of DACA - the Deferred Action for Childhood Arrivals program - finally reached the U.S. Supreme Court.
The nine judges heard today oral arguments of three consolidated cases on DACA termination by President Trump.
The government's attorney, Noel J. Francisco, argued that the Supreme Court has no jurisdiction to review the administration's decision to terminate DACA and that it acted lawfully in canceling the program.
Francisco noted that "in 2017, the Fifth Circuit held that DAPA and the DACA expansion were likely illegal," which is why the Department of Homeland Security "reasonably determined that it no longer wished to retain the DACA policy based on its belief that the policy was illegal, its serious doubts about its illegality, and its general opposition to broad unenforceable policies."
The government attorney stressed that DACA was a temporary interim measure that could be revoked at any time and that "reasonable concerns" about its legality were "a reasonable basis for terminating it."
Attorneys Theodore "Ted" B. Olson and Michael J. Mongan presented the defense of DACA. They argued that President Trump's termination of the program was unlawful and violated the Administrative Procedures Act.
Olson stated that "the government's termination of DACA caused abrupt, tangible, and adverse consequences and substantial disruptions in the lives of 700,000 individuals, their families, employers, communities, and the military" and that the government did not provide a "sound" explanation for eliminating the program.
Mongan said the government is not taking into account the "dramatic costs" of ending DACA for DACA recipients, their families, employers and the economy. He asserted that they are incorrectly basing their position that DACA is illegal.
Federal judges will have to determine whether it is up to them to review the President's decision to end DACA and whether the manner in which the administration canceled the program was lawful.
The Supreme Court is expected to announce its decision on the case in June 2020.
You can read the transcript of the oral arguments for and against DACA presented before the Supreme Court here..
Recommendations
For the time being, and until the Supreme Court announces its ruling, immigrants currently enrolled in DACA may be able to re-enroll in the program and obtain a work permit if they meet the proper requirements.
DACA is a temporary immigration benefit that does not currently lead to permanent residency. It is important that anyone currently enrolled in DACA immediately consult with an immigration attorney to discuss their legal options.
Beware of immigration fraud and do not seek legal advice from notarios, immigration consultants, multi-service or paper pushers. These people, who by law cannot give legal advice, could jeopardize your immigration cases because they do not have the necessary knowledge, nor the necessary permits to practice law.
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