A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Monday, February 26, 2018

Dreamers Take a Breather After Supreme Court Declined to Hear DACA Case

The DACA program, initiated by the Obama Administration, allows certain youngsters to apply for temporary permission to stay and work in the United States.  Approximately 700,000 young people, who were brought to the U.S. without their own fault, may continue to enroll or extend status in the program after the U.S. Supreme Court has declined to agree to hear a DACA case.  

Last September, the Trump Administration announced it will officially end the DACA (Deferred Action for Childhood Arrivals) program by March 2018, and any final applications must be filed by October 5, 2017.   Subsequently,  the University of California and its president, former Homeland Security secretary Janet Napolitano, sued to keep the DACA program going.   On January 9, 2018, a federal district court judge in San Francisco issued an injunction to block the government's plan to halt DACA.  The Trump Administration decided to file an appeal with the 9th Circuit Court of Appeals in California.  It also took the highly unusual step of asking the U.S. Supreme Court to hear the case before the appellate court issues a decision. 

Today, the nation's highest court refused to grant certiorari to hear the controversial case.  It means that the DACA program may continue for now.  It is important to note that those who did not meet certain threshold program requirements or fail to timely enroll previously will continue to be ineligible to  apply for DACA benefits.  Further, today's development is only a temporary relief.  Without new laws passed by Congress to address this issue, the future of the Dreamers continue to be uncertain.  

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