Today the Supreme Court rejected the Trump Administration’s request to skip the Court of Appeals and have the Supreme Court immediately consider the DACA court case that originated in Northern California. This announcement means that the Supreme Court will not take up the case on DACA at this time. The case is now expected to move to the Ninth Circuit Court of Appeals in the normal appeals process, which could take several months. Here’s what you should know:
1. What Happened?
In January 2017, a Northern California federal district judge ruled that Trump’s decision to end DACA was likely unlawful and ordered USCIS to accept DACA renewals. However, Jeff Sessions and the Department of Justice appealed the decision and called on the Supreme Court to take up the DACA case for consideration immediately–a rare and unusual request to leapfrog the appeals court. In the meantime, another federal district court, the Eastern District of New York, issued a similar order, reaffirming that the decision to end DACA is likely unlawful and ordering USCIS to accept renewal applications. Today, the Supreme Court decided that it will not do as the Trump Administration requested; they will not hear the DACA case and the case will have to follow the normal appeals process.
2. Right now, you can still apply to renew your DACA. If you meet the requirements to apply for DACA renewal, we recommend you apply.
This announcement today does not change USCIS’s current policy to accept certain DACA renewals. If you qualify for renewal, we recommend you apply. See our FAQs to see if you qualify.
3. If you’ve never applied for DACA before, you cannot apply for DACA now.
The Supreme Court’s decision today does NOT change current USCIS policy. USCIS is not accepting applications from new applicants, who have never had DACA before.
4. Immigrant youth need a permanent legislative solution NOW that does not attack our families.
This is yet another show of momentum and support for the protection of young people. We will continue fighting for a Dream Act that doesn’t attack our families, as well as winning local victories that protect our undocumented communities without harming other people.
5. Our community remains resilient and committed to supporting one another.
Immigrant youth and communities of color have been under attack by this Administration’s anti-immigrant and racist policies for too long. But together, as we organize and share our stories, we are powerful. We have each others back. You are not alone in this fight. We will fight for all of us because we are all #HeretoStay.
This post was done in collaboration with the National Immigration Law Center.