Supreme Court Agrees to Hear DACA Cases Next Term

On June 28, 2019, the Supreme Court of the United States granted the Government’s request to review three lower court decisions blocking its efforts to end the Deferred Action for Childhood Arrivals (DACA) program [PDF version at page 5]. The Supreme Court consolidated the three cases for review and will consider them together.

The Court first granted certiorari in Dept. of Homeland Security v. Regents of Univ. of CA, Docket No. 18-587 [PDF version]. Here, the Court will review the decision of a three-judge panel of the United States Court of Appeals for the Ninth Circuit up uphold an injunction against the DACA rescission entered by the United States District Court for the Northern District of California [PDF version]. The Court granted the Government’s petitions for certiorari before judgment in both Trump v. NAACP, Docket No. 18-588 [PDF Version] and McAleenan v. Vidal, Docket No. 18-589 [PDF version], which were pending before the United States Court of Appeals for the District of Columbia Circuit and the United States Court of Appeals for the Second Circuit respectively.

The Supreme Court listed the questions presented by the three cases as follows:

1. Whether DHS’s decision to wind down the DACA policy is judicially reviewable.
2. Whether DHS’s decision to wind down the DACA policy is lawful.

Then-Acting Secretary of DHS Elaine Duke published a DHS memorandum rescinding the DACA program on September 5, 2017. She undertook this action on the advice of then-Attorney General Jeff Sessions. We discuss the circumstances of the rescission in a separate article [see article]. The DACA rescission never took effect after several district courts enjoined the DACA rescission memo and required the Government to continue implementing DACA. After declining to hear the Government’s appeals on several occasions, the Supreme Court has now decided to intervene and next term will consider the issues presented. Assuming that things proceed normally, we may expect a decision in the DACA case some time in 2020.

We will continue to update the website with information about the DACA rescission as the case moves forward. For the time being, DACA remains in effect. Those with questions about the future of the DACA program should consult with an experienced immigration attorney for case-specific guidance.