DACA: What You Should Know about the Feb. 26 Supreme Court Announcement

For information about U.S. Citizenship and Immigration Services’ Jan. 13, 2018, announcement that it is accepting DACA renewal applications, see our FAQ: USCIS Is Accepting DACA Renewal Applications, first posted Jan. 14, 2018.

DACA: What You Should Know about the Feb. 26 Supreme Court Announcement

Prepared by NILC and United We Dream

FEBRUARY 26, 2018

The Supreme Court announced today, February 26, that it has rejected the Trump administration’s petition that the Court hear an appeal of a U.S. district court’s DACA-related decision without the case first being reviewed by the court of appeals.

The case, Regents of the University of California, et al. v. Department of Homeland Security, et al., originated in northern California. The announcement means that the Supreme Court will not take this case up at this time. It is expected that appeals in the case will now be heard by the Ninth Circuit Court of Appeals, according to the normal appeals process. This could take several months.

Here’s what you should know about today’s announcement.

What happened? Earlier this year, a U.S. district judge in northern California ruled that Trump’s decision to end DACA was likely unlawful, and he ordered U.S. Citizenship and Immigration Services (USCIS) to accept applications to renew DACA. However, U.S. Attorney General Jeff Sessions and the Justice Department, in a very unusual action, appealed the decision directly to the Supreme Court, asking it to consider the DACA case immediately.

Meanwhile, the U.S. District Court for the Eastern District of New York issued a similar order, reaffirming that the decision to end DACA is likely unlawful and ordering USCIS to accept renewal applications.

Today, the Supreme Court decided that it will not do as the Trump administration requested. Instead, the Regents case will have to go through the normal appeals process.

Right now, you can still apply to renew your DACA. If you meet the requirements to apply for DACA renewal, we recommend you apply. Today’s announcement does not change USCIS’s current policy of accepting certain DACA renewals. This FAQ will help you determine whether you qualify to apply.

If you’ve never applied for DACA before, you may not apply for DACA now. Today’s announcement does not change current USCIS policy. USCIS is not accepting applications from new applicants who have never had DACA before.

Immigrant youth need a permanent legislative solution NOW that does not attack our families. We as a community cannot wait until the courts make a ruling. This fight affects every aspect of our lives. We have collective power, and our voices will be heard in Congress as we call on lawmakers to pass a permanent solution, like the Dream Act, that does not attack our families. Immigrant youth cannot wait in limbo as institutions of power decide our fate, so we will continue fighting nationally for the Dream Act and winning local victories that protect our undocumented families and communities without harming people.

Our community remains resilient and committed to supporting one another. Immigrant youth and communities of color have been under attack by this administration’s anti-immigrant and racist policies for too long. The stress and anxiety caused by the unnecessary end of DACA and the lack of a permanent legislative solution is overwhelming and hard to bear. But together, as we organize and share our stories, we are powerful. We have your back. You are not alone in this fight. We will fight for all our rights, because we are all #HeretoStay.