On June 18, 2020, the U.S. Supreme Court, in DHS v. Regents of Univ. of California, held that the Deferred Action for Childhood Arrivals (DACA) that was established by President Barack Obama in 2012, shall remain in place.  The decision does the following:

  1. Any current DACA recipient can renew their DACA.
  2. New DACA applicants should be accepted with the following conditions:
    • Arrival in the USA before 16th birthday
    • Have been continuously in the USA since June 15, 2007
    • Under 31 years of age on June 15, 2012
    • GED or High School Diploma
    • No criminal history of arrests/convictions for serious crimes

3. DACA recipients should also be able to apply for Advanced Parole, allowing for a short period of travel to their native country and then be admitted into the USA on return.  (This may be affected by COVID-19 protocols presently in place or that will be implemented in the future.)

The long-term solution for DACA recipients must be a legislative change that allows for a permanent solution to DACA with a pathway to citizenship.  The Supreme Court decision held that the Trump Administration failed to follow the proper requirements to rescind DACA.  This means if the Trump Administration now followed the requirements they could rescind DACA.  That is why we need Congress to act.

Congressional action will remove the current political struggle that DACA recipients now find themselves in.

Written by Attorney Raymond E. Schrank II