CFGI Quoted – “Supreme Court Leaves DACA in Place”


“The Supreme Court declined on Feb. 26 to review a federal district court decision requiring the government to continue to process Deferred Action for Childhood Arrivals (DACA) application renewals.

“The status of DACA…has been a source of controversy, as President Donald Trump's administration called in September 2017 for the program to end as of March 5.

“…The Supreme Court's announcement ‘means a reprieve for hundreds of thousands of DACA beneficiaries already in the system who will be able to remain in the United States and have work authorization at least until courts of appeal have their say,’ [Andrew Greenfield] noted. ‘This could take a year or more.’

“…‘The case will now go back to the 9th Circuit,’ said Rebecca Peters, director of government affairs for the Council for Global Immigration. ‘Even if the 9th Circuit moves quickly, the Supreme Court would not likely hear the case at the earliest until its next term begins.’

“…The district court's decision and the Supreme Court's announcement could make DACA less of a priority for Congress, ‘as the March 5 deadline would no longer be perceived as a deadline for passing Dreamer-related legislation,’ said Yova Borovska, an attorney with Buchanan, Ingersoll & Rooney in Tampa, Fla. 

“…But Borovska added that the announcement could provide more leverage to negotiate a clean Dreamer bill without such additional provisions as funding for a border wall or provisions limiting legal family-based immigration.

“The announcement ‘doesn't signify that the Dreamers are safe,’ said Kevin Lashus, an attorney with FisherBroyles in Austin, Texas. ‘We need the U.S. Congress to intervene …if we don't want to see DACA beneficiaries fall out of status.’

“DACA is not a permanent solution for Dreamers, Borovska said. It provides temporary protection from deportation, as well as work authorization…‘It does not provide a pathway to permanent residency or citizenship,’ she said. ‘A permanent solution would have to come from Congress.’”

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