Tuesday, July 14, 2020

Center for American Progress: The Trump Administration Must Immediately Resume Processing New DACA Applications

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On June 18, 2020, the U.S. Supreme Court held that the Trump administration's attempt to rescind the Deferred Action for Childhood Arrivals (DACA) policy was unlawful.  The injunction entered by the lower courts allowed the continuation of DACA renewals.

President Trump has promised to respond to the Court's decision, although the precise nature of the response is uncertain.

Nicole Prchal Svajlenka, Tom Jawetz, and Philip E. Wolgin for the Center of American Progress make an argument for a response that President Trump is not likely to be considereing:

"Today, 25 days after the decision [in the DACA case], the Supreme Court will certify its judgement in the case, and—under the law—the U.S. Department of Homeland Security (DHS) will have an unambiguous obligation to fully reinstate DACA. As a result, not only must the agency continue processing renewal applications by those who currently hold DACA, but it must also reopen the application process to more than 300,000 new applicants who are eligible under the terms of the program, including 55,500 of the youngest DACA-eligible individuals who have aged into eligibility over the past three years and will now be able to apply for the first time." (bold added).

The obligation may be right under the law but do not hold your breath for the Trump administration to begin accepting new DACA applications.

KJ

https://lawprofessors.typepad.com/immigration/2020/07/center-for-american-progress-the-trump-administration-must-immediately-resume-processing-new-daca-ap.html

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