When Does DACA Expire? The Supreme Court Just Gave Dreamers More Time

When Does DACA Expire? The Supreme Court Just Gave Dreamers More Time”

The US Supreme Court has ruled that Donald Trump can not end protections for hundreds of thousands of immigrants brought illegally into the country as children, denting the US President's plan to reform immigration law. The DOJ appealed a lower court's decision in The Regents of the University of California and Janet Napolitano v. U.S. Department of Homeland Security and Elaine Duke, to the 9th Circuit Court of Appeals and asked the U.S. Supreme Court take up the case directly late last month.

Two federal judges have already ruled the administration's decision to repeal DACA was unconstitutional.

"We need to give young immigrants who came to our country as children permanent assurance that they are safe here, and we need to give them this peace of mind now", former Vice President Joe Biden wrote on Twitter.

The White House responded forcefully, arguing that DACA "is clearly unlawful" and that Alsup's ruling in San Francisco is "a usurpation of legislative authority".

"Certainly, until after a Court of Appeals rules, it seems very unlikely that they [the administration] will try to get another kind of extraordinary relief", said Andrew Pincus, a partner with the Mayer Brown law firm in Washington.

As California Attorney General Xavier Becerra explains, DACA should be left out of larger immigration legislation altogether and should instead just be passed on its own merit. This means DACA won't be rescinded by Trump's stated deadline of March 5. "These young people remain at risk and deserve permanent protection and a chance to plan their futures".

Stephanie Teatro, co-executive director of the Tennessee Immigrant and Refugee Rights Coalition said the Supreme Court's decision is only a temporary victory for Tennessee's 8,400 DACA recipients.

To Martinez, the best course of action is to pass a narrow legislative recourse that protects immigrant youth from deportation and grants them a viable path toward citizenship.

GettyDemonstrators protest the government shutdown and the lack of a deal on DACA in January, 2018.

The Trump administration wanted to end DACA on March 5.

"The district judge's unprecedented order requires the government to sanction indefinitely an ongoing violation of federal law being committed by almost 700,000 aliens", Francisco wrote, referring to the young immigrants brought to the USA illegally as children. Their status lasts for two years and is renewable.

On Monday the Supreme Court slapped away the White House's attempt to circumvent the normal court process in the legal fights over DACA.

In a brief order, the Supreme Court justices said the appeal was "denied without prejudice", indicating they will maintain an open mind on the underlying legal issue still being considered by the San Francisco-based 9th U.S. Circuit Court of Appeals. He added, "We look forward to explaining to the 9th Circuit court that DACA is fully legal". However, new applications to the program do not have to be granted.

In order to qualify for Daca, applicants under the age of 30 were required to submit personal information to the Department of Homeland Security, including addresses and phone numbers.

The Senate's No. 2 Democrat, Dick Durbin of IL, said he takes only limited comfort from the Supreme Court, opting to allow challenges to Trump's DACA order to play out in lower courts.

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