What the Supreme Court ruling means for DACA now and in the future

On June 18, after a long and anxious wait, the Supreme Court delivered its historic decision on the Trump administration’s rescission order to terminate DACA, finding that the order was in fact unlawful. This was a hard-fought battle, and we cannot overstate how much credit goes directly to DREAMers and the advocacy groups they have established and worked with. This has been their victory every step of the way.

While it’s too early to offer full analysis of the decision, we hope to discuss the basics of what this ruling means, what it doesn’t mean, and what we hope it means for the future. There were three underlying cases from lower courts, all of which have been technically remanded back to lower courts. That said, the court affirmed a lower court’s ruling in NAACP v. Trump that the administration’s stated reasons for terminating DACA were unlawful, particularly because they did not sufficiently meet the requirements of the Administrative Procedure Act (APA) that regulates how the executive branch administers regulations.

In short, the Department of Homeland Security failed both to supply "reasoned analysis” in its decision to terminate DACA, or to consider DACA recipients’ “legitimate reliance” on the program. In that light, they found DHS’s actions to be “arbitrary and capricious” and thus falling afoul of the APA.

So what does this mean for current DACA Recipients? The program will continue, and DACA holders can continue to renew their standing and work permits. That said, the court made it clear that the ruling was neither an endorsement nor an attack on the merits of DACA as a policy. It is possible that some justices would decide otherwise if DHS once again decides to terminate DACA but uses a reasoning the majority of the court finds more sufficient. In other words, this is not a permanent fix for DREAMers.

What does this mean for those who may technically qualify for DACA but have never been approved before? And does it restore Advance Parole for traveling abroad? The answer to those questions are that we simply don’t know yet. There may be specifics within the ruling that determine this, or these decisions may simply be up to DHS in how they interpret the ruling.

At this time, we hope and believe that this decision will mean the DACA program will return to its 2012 function, allowing for Initial applicants and Renewals alike. We very much advise people who believe they qualify for DACA to gather evidence in support of potential applications. This means: a) Proof of your continuous physical presence in the U.S. since June 15, 2012; b) Proof that you’re enrolled in school, graduated high school or earned your GED, or are serving in the U.S. military.

Finally, we want to congratulate once again all of the DACA recipients who have worked to make this happen. We know that this isn’t the end of the story, and that a clean and permanent DREAM Act is still a necessary fight. Your future is in your hands, and based on what you have done so far, there is no limit to what you can accomplish.