Information on Supreme Court’s decision on Deferred Action for Childhood Arrivals

On June 18, 2020, the Supreme Court concluded that the Department of Homeland Security improperly ended the DACA program in a 5-4 ruling. Besides determining that the case was under the Court’s jurisdiction, it also decided that President Trump’s termination of the program was in violation of the Administrative Procedural Act when he failed to give adequate justification for ending the program.

This means that the DACA Program remains in place! Individuals that currently have DACA are eligible to renew their status. Moreover individuals who had not been able to apply for DACA before are now also eligle to apply for DACA. We strongly urge that first time DACA applicants consult an immigration lawyer for further guidance, since this is a delicate issue.

For the past two years nearly 800,000 DACA recipients and their families have lived in a deep state of uncertainty. The ruling comes at a particularly challenging time as our country faces the COVID-19 pandemic. Not only is the DACA program highly popular among U.S. citizens but the fact is that over 200,000 DACA recipients are currently plaing key roles as essential workers in the COVID-19 response efforts.

Below you will find additional resources to help DACA recipients, educators and other community advocates stay up to date with the latest developments on DACA. We will continue to update this page we new resources and information becomes available.

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Frequently Asked Question (From United We Dream):

What was the decision?
The decision: DACA stays! The Supreme Court decided it had the authority to review the case AND the way Trump ended the program was reckless and unreasonable. This means DACA survives for now.

Will new applications be accepted?
Yes! The Supreme Court decision says the program should reset to its original mandate in 2012 and new applications MUST be accepted! Now it’s up to Trump to respond.

Can the program be ended in the future?
Most likely. The Administration has hinted that they will be pursuing other avenues to end the program. This decision does not stop the administration from ending the program altogether.

Am I eligible for any other visa program/form of relief?
Many DACA recipients may be eligible for another immigration option to get a work permit or even a green card. Talk to an immigration services provider to understand your legal options and if you might be eligible for another immigration benefit.

What are my rights?
Every person, regardless of immigration status, has the right to: (1) not open the door to an immigration agent; (2) remain silent and not answer any questions; and (3) not sign anything without speaking to a lawyer. A printable red card can be presented to an ICE agent to help ensure no personal liberties are violated.

More Information, Trusted Organizations and Resources

FAQs on DACA Termination and Access to Higher Education

Presidents’ Alliance on Higher Education and Immigration

This document answers questions about how students can continue to access financial aid and employment opportunities regardless of their immigration status. This includes information on how states and institutions can ease the financial burden on undocumented students—and a list of states that already do.

Resource Bank for Immigrant Entrepreneurship, Higher Education, and Legal Aid

Immigrants Rising

This list of resources supports undocumented entrepreneurs, contractors, and freelancers – it includes documents on accessing benefits as an immigrant entrepreneur and guidance on navigating national policies and California-specific benefits. Particularly relevant is this document covering long-term immigration remedies for undocumented youth.

FAQs on DACA and Employment

National Immigration Law Center, United We Dream, and Advancing Justice – ALC

This document helps DACA recipients navigate the legal implications of employment without DACA or with a work permit that may expire. In these challenging circumstances, it is important for employers and employees alike to navigate the legal obstacles for keeping DACA recipients employed.

Webinar on Income and Career Options for Undocumented Students

Presidents’ Alliance on Higher Education and Immigration, TheDream.Us, Immigrants Rising, Democracy at Work Institute

This webinar includes stories from undocumented professionals on how to advance your career regardless of immigration status, advice for undocumented students, and resources for educators.