Deferred Action for Childhood Arrivals

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.

Just a few days before the Supreme Court may decide whether to review a temporary nationwide injunction issued by a federal court in California requiring the Trump administration to maintain much of the Deferred Action for Childhood Arrivals (DACA) program, a federal district court in New York issued a similar temporary nationwide injunction.

The courts’ reasoning in both decisions is similar. Both courts were clear the Trump administration may “indisputably . . . end the DACA program.” But it must offer “legally adequate reasons” for doing so.  New York and 15 other states brought the case decided by the New York court.    

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.