DACA

Earlier this month, the Supreme Court denied Arizona’s petition for a writ of certiorari to review a 9th Circuit decision holding that the state must allow Deferred Action for Childhood Arrivals, or DACA, documents to be sufficient to obtain driver’s licenses and state identification cards.

To obtain a driver’s license or state identification card...

The Supreme Court will not be involved in the DACA litigation—for now.  

The Supreme Court denied the Trump administration’s request for it to review a California federal district court decision temporarily putting the administration’s decision to terminate DACA on hold. To get relief, the Trump administration must now appeal the district court decision to the Ninth Circuit. The Trump administration had asked the Supreme Court to get involved in this case before the Ninth Circuit had a chance to rule. The Supreme Court does not usually rule on federal district court decisions.

A federal district court has issued a temporary nationwide injunction requiring the Trump administration to maintain much of the Deferred Action for Childhood Arrivals (DACA) program. Four states (California, Maine, Maryland, and Minnesota) and two local governments (San Jose and Santa Clara County) are among the plaintiffs who sued the Department of Homeland Security (DHS).

DACA was established through a DHS Memorandum during the Obama presidency. The program allows undocumented persons who arrived in the United States before age 16 and have lived here since June 15, 2007, to stay, work, and go to school in the United States without facing the risk of deportation for two years with renewals available.

DHS rescinded DACA on September 5, 2017, after receiving a letter from the Attorney General stating the program was unconstitutional and created “without proper statutory authority.”

Since his Presidency began President Trump has been rolling back (or trying to roll back) many of the actions of President Obama. Sometimes (at least in theory) it is easier (practically if not politically) to do this than other times.

The Deferred Action for Childhood Arrivals (DACA) program allowed undocumented persons who arrived in the United States before age 16 and have lived here since June 15, 2007, to stay, work, and go to school in the United States without facing the risk of deportation for two years with renewals available.  

DACA was established through a Department of Homeland Security (DHS) Memorandum during the Obama presidency. Getting rid of a statute requires action by Congress or the U.S. Supreme Court. Getting rid of regulations requires going through the Administrative Procedures Act lengthy notice-and-comment process. Getting rid of an agency memorandum requires issuing a superseding memorandum, which DHS has done.