212.627.8100The Supreme Court blocked the Trump administration’s attempt to dismantle the Deferred Action for Childhood Arrivals (DACA) program, giving DACA participants some reprieve from the threat of deportation. The DACA program, first implemented by the Obama administration in 2012, granted renewable permits to study and remain in the United States for some undocumented immigrants who moved to the U.S. as children. The estimated number of DACA recipients is estimated to be just under 700,000. As the Court noted, “DACA recipients have enrolled in degree programs, embarked on careers, started businesses, purchased homes, and even married and had children,” relying on their status under the DACA program.
The Court’s 5-4 decision, written by Chief Justice Roberts, was decided on narrow, technical grounds, leaving the door open for the Trump Administration to potentially end the DACA program in the future. The Court held that the Department of Homeland Security had not complied with the procedural requirement requiring a reasoned explanation for ending the DACA program. Thus, the Trump Administration may try once again to rescind DACA, addressing the Court’s concerns. However, it is not certain whether the Administration could restart and complete the process of ending the program during the remainder of President Trump’s current term.