After years of legislative and judicial debate following the Trump administration’s 2017 decision to eliminate the Deferred Action for Childhood Arrivals (DACA) program, the Supreme Court has finally agreed to weigh in on the legality of the program’s elimination.
Legal challenges to DACA’s abolition have been raised in multiple lower courts, including several that were led by individual colleges and universities as well as university systems. One such case, brought by the Regents of the University of California, has been consolidated with other cases from around the country filed by the NAACP, numerous states’ attorneys general, and individual DACA recipients into one case that the Court will hear during its fall term. A final decision should be released by the Court in June of 2020, likely adding a significant issue for debate to the 2020 presidential election cycle.
Just prior to announcement that the case would be heard, NACUBO joined others in the higher education community to send a letter to Senate leaders urging them to act on the bipartisan Dream Act of 2019, which would offer some protections and a path to lawful permanent residence for Dreamers. Currently, the Department of Homeland Security is processing applications for DACA-status renewal but is not processing any new applications for DACA protections. Further information on DACA, including a timeline of actions related to its elimination, is available here.