On January 22, 2019, the Washington Post and Politico reported that the Supreme Court is unlikely to review the U.S. Court of Appeals for the 9th Circuit’s decision on Deferred Action for Childhood Arrivals (DACA) this term.  The 9th Circuit blocked the Trump administration from ending DACA, and SCOTUS’ decision not to intervene this term preserves the status quo.  This means the Trump administration is required to continue accepting renewals, but not new applications to the DACA program.

The Trump administration moved to end the Obama-era program in 2017, but the 9th Circuit rejected the administration’s theory that DACA was unlawful and kept the program in place.  Those individuals who have been approved for the program are protected from deportation and allowed work permits so long as they follow its regulations and do not violate laws.

Notably, the 9th Circuit opinion did not rule that DACA could not be rescinded as an exercise of executive power, but only that the decision to end DACA was based on an erroneous view of what the law required.

Based on the high Court’s normal procedures, even if it accepts the case at a later date, it would not be argued until the new term starts in October, with a decision likely in 2020

 

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