The Supreme Court will hear five cases in the coming months – and the decisions that they make could be momentous. The second of these five cases is related to the Deferred Action for Childhood Arrivals program (DACA). The Trump Administration has attempted to stop this program since he took office. The Supreme Court will determine if he can do this or not. You can learn more about this case here.
What is DACA?
DACA is a program started in 2012 by President Obama. This program allowed undocumented immigrants who came to the United States as children to remain in the country under some conditions. To be eligible for the program, those immigrants could not have a criminal record. Those eligible for DACA have to pay a fee if they are attending school in the country. These people also have to register with the government. This allows them to get a temporary waiver that stops deportation and allows them to work in the country. There are currently around 800,000 young immigrants that use the DACA program.
President Obama created the program using his executive authority as president. President Trump argues that he can use the same power to end the program. The Supreme Court will determine if President Trump’s desire to end DACA is lawful or not.
The Role of the Supreme Court
Many consider this DACA case the most important of the Supreme Court’s fall term. Lower courts so far have ruled that the reasons that the Trump administration gave for ending DACA were not adequate. On the other hand, Trump argues that his decision regarding DACA is not reviewable by the Supreme Court because executive authority gives him the power to make the decision.
This is a big case because it will determine how much power the President of the United States has. One way that this could play out is that the Supreme Court will argue that it is within a president’s power to makes changes to policies. Alternatively, the Supreme Court could determine that this particular program is unlawful. If this is the case, it would be Congress’ job to reinstate the program further down the line. If this is the case, DACA may become the concern of Congress.
If you are in the United States as a result of the DACA program, the ruling for this case will be significant for you. You can contact our office for assistance. We can find you an immigration lawyer or other resources that can help.