On November 12, 2019, the Supreme Court of the United States heard oral arguments in the three consolidated cases where Plaintiffs challenged the termination of DACA (Deferred Action for Childhood Arrivals) by the Trump Administration.
A holding that the termination of DACA was lawful or not subject to judicial review will have substantial and dramatic impact on hundreds of thousands of DACA beneficiaries, as well as the economy, as shown by the numerous amicus briefs filed by prominent corporations and organizations. It will also set a powerful precedent as to the executive branch’s authority on immigration issues and administrative procedures.
Despite commentary and reactions by experts, there is simply no way to know how the Supreme Court will rule. Considering this case has garnered so much public attention and has far reaching effects, it is all too speculative to rely on impressions based upon questions made by the Justices at oral argument or their political leanings. We will only know when the Court issues their opinion, which is expected by June 2020 at the latest, but could come much earlier.
In the meantime, we urge all DACA beneficiaries who are eligible to renew their DACA to do so now, even if their Employment Authorization Document (EAD or “work permit”) is set to expire more than six months from now. While U.S. Citizenship & Immigration Services (USCIS) generally recommends renewing DACA six months in advance of its expiration, there is no rule that prohibits the filing of an extension even sooner. Since DACA renewals are typically granted in 2-year increments, filing to renew DACA now can potentially preserve or prolong their eligibility for DACA protection, given the uncertainty of when and how the Supreme Court will rule and what the Trump Administration and Department of Homeland Security will do in the aftermath of the decision.
If you have questions or need assistance renewing your DACA, please contact an attorney at Minsky, McCormick & Hallagan, P.C.