Supreme Court refuses to review DACA, keeping program in effect

The U.S. Supreme Court today declined to intervene in the legal dispute over DACA - the Deferred Action for Childhood Arrivals program - which currently protects approximately 700,000 undocumented youth.

The high court announced its decision with a brief notification of just two sentences in which it states that it rejects the U.S. Department of Justice's request without prejudice and indicates:

"It is assumed that the Court of Appeals will proceed quickly to decide on this case."

SCOTUS decision DACA

Usually, the Supreme Court only agrees to hear legal cases once they have run their course in the lower courts. But the government bypassed the Ninth District Court of Appeals by filing a direct appeal to the high court.

The decision means that DACA, canceled by order of President Donald Trump in September, will for the time being remain in effect and will not expire on March 5.

In January, U.S. District Judge William Alsup of the U.S. District Court for the Northern District of California issued an order blocking the cancellation of DACA, temporarily restoring the program. In February, another federal judge, Nicholas Garaufis of New York, ordered DACA renewals to continue.

IMPORTANT

All individuals who currently have DACA and are eligible to renew it should do so immediately. Also, I recommend that they see an immigration attorney to evaluate whether they have any legal option to remain in the country permanently.

As they have seen in recent months, the program does not give them absolute certainty that they can continue to live in the country legally indefinitely.

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