DACA Decision

By Hubert Plummer posted 08-03-2018 08:06 PM


A quick update on DACA, Deferred Action for Childhood Arrivals.  A major court decision was issued today.

The policy was put into place in 2012 by President Obama and expanded in 2014.  It provided relief for people who were brought to the United States illegally as children.  They were allowed to register and become eligible for a work permit and defer any action to deport them.

In 2017, under President Trump, the Department of Homeland Security rescinded DACA.  This was immediately challenged in court by several states and organizations.

Today in NAACP v Trump, United States District Court for the District of Columbia, 17 cv 2325, Justice John D. Bates ruled that DACA must be reinstated nationwide.[i]  In April 2018, Justice Bates held that the DHS decision was illegal and that they must reinstate DACA because it was reviewable under law and the decisions given by the DHS to end it were inadequate.  Justice Bates stayed his order for 90 days to give the DHS a chance to remedy the inadequacies of their decision.

The 90 days is up.  The DHS issued a memorandum restating its position.  According to Justice Bates, the memorandum provided no real new information or rationale for their decision to end DACA.  The DHS moved, requesting the Court revise its order.

Justice Bates declined to change his order and has directed that the DHS reinstate DACA.

He has put another stay for 20 days to give the DHS a chance to decide if they will appeal the decision and if they will seek a stay pending that appeal.


The author[s] is solely responsible for this blog submission.  It does not represent the position of the New York State Bar Association or its Committee.