Back to Top skip to main content
Green and Spiegel - An Immigration Law Firm - United States
Jan 24, 2019

DACA Program Continues in 2019: Supreme Court Declines to Accept Appeal (For Now)

By failing to take action this week on a Trump Administration appeal, the U.S. Supreme Court leaves DACA protections in place for at least the remainder of the year. By way of background, in mid-2017, former Attorney General Jeff Sessions announced the wind down of the Deferred Action for Childhood Arrivals (DACA) program, which offered those who were brought to the U.S. as minors the opportunity to remain in the United States with valid work authorization. Activists around the U.S. challenged the legal rationale behind dismantling DACA, filing suit in various district courts.  In response, federal judges temporarily reinstated the DACA program through preliminary injunctions, protecting the status of over 800,000 immigrants living and working in the U.S.  Therefore, the Trump Administration appealed the federal court decisions, hoping that the Supreme Court would accept the case and decide on the constitutionality of the DACA program. 

As of Tuesday, January 22, 2019, the Supreme Court declined to hear the case (certiorari) for this term.  This means that the DACA program will continue as-is, with USCIS accepting renewal applications for the indefinite future.  If the Supreme Court does decide to eventually accept the case, it will not be heard until the next term, which begins October 1, 2019. Further it would most likely take several months for the Court to issue a decision. Immigration activists around the country are calling this a victory, as the DACA program is protected for at least one more year. 

The DACA program, in addition to Temporary Protected Status, was recently cited by President Trump as a bargaining chip in exchange for Congressional funding to build a wall on the U.S-Mexico Border, in an attempt to come to agreement to end the Government Shutdown. It appears, however, that the DACA program will be in effect for another year, according to the actions of the Supreme Court. This (lack of a) decision greatly changes the contours of shutdown negotiations. 

Green and Spiegel is closely monitoring the developments and negotiations regarding the DACA program.  If you have any questions, please contact us immediately.

Recent Blogs

Jul 09, 2020

Update – 60-Day Extension of Deadlines for RFEs and Other Agency Requests Extended through September 11, 2020

If RFE, NOID, NOIR, Denial, or other Agency request issued between March 1, 2020 and September 11, 2020, may submit up-to-60-days beyond stated deadline or decision date. New notices will not be issued. Learn more in this blog.

Jul 08, 2020

M.I.T. and Harvard Sue the Trump Administration over Plan to Require In-Person Classes for International Students

The Student and Exchange Visitor Program (SEVP) announced plans to severely modify temporary exemptions for nonimmigrant students taking online courses during the fall semester forcing students enrolled in programs operating entirely online to depart the United States or transfer to another school in order to avoid deportation. Universities across the country were swift to criticize and decry this decision by the Trump administration; and the Massachusetts Institute of Technology (M.I.T) and Harvard have filed a lawsuit against them. Learn more in this blog.

Jul 07, 2020

SEVP Modifies Temporary Exemptions for International Students Taking Online Courses During the Fall 2020 Semester

On Monday, July 6th the Student and Exchange Visitor Program (SEVP) announced that it has implemented modifications to temporary exemptions for nonimmigrant students taking online courses during the Fall 2020 semester. Due to the COVID-19 pandemic, a change in policy had permitted nonimmigrant students to take more online courses than usually permitted by Federal regulations to maintain their nonimmigrant status. Learn more in this blog.