Supreme Court Rules DACA Can Remain In Force

The Supreme m Court has determined that the current administration can’t unilaterally and immediately end the Deferred Action for Childhood Arrivals (“DACA”) program.

DACA is an Obama-era program that, by executive order, grants those brought to the US without authorization as children (often referred to as “Dreamers” to obtain two years at a time of protection from removal, and along with this employment authorization.

The administration sought to sought to rescind the program in 2017 , without any kind of formal notification period as would be required under the Administrative Procedures Act.  The court did not here rely on equal protection claims also indicating that the revocation as unlawful, and the decision does not preclude the administration from again trying to rescind DACA by following the APA requirements