External Resources

June 18, 2020

The U.S. Supreme Court issued a 5-4 decision, holding that the case could be reviewed in federal court and that the way the Trump administration ended DACA was arbitrary and capricious and therefore unlawful. The cases were sent back to the lower courts.

Current DACA recipients can continue to apply to renew their DACA. USCIS will not accept any new initial DACA application.

November 12, 2019

The U.S. Supreme Court is expected to hear arguments concerning the legality of DACA, with a decision expected sometime before June 30, 2020.

March 6, 2018 Update

• The original repeal date of March 5, 2018 has passed without a solution by Congress and the Administration. However, DACA is still currently in place.
• Two injunctions by federal judges have kept DACA in place for now:
  1. A ruling by US District Court Judge Alsup on January 10 that the program would remain in place while legal challenges were resolved in court. 
  2. A second  nationwide injunction by US District Court Judge Garaufis also blocked the repeal.
• The Supreme Court rejected the Trump Administration's request to directly review the two courts' rulings so the cases will have to be first heard by the Court of Appeals for the Second Circuit (New York) and Court of Appeals for the Ninth Circuit (California).
• Based on the rulings, USCIS has confirmed that
  • Persons covered by DACA, whose DACA authorization expired on or after September 5, 2016, may apply for a renewal, and "the DACA policy, unless otherwise provided (see link below) will be operated on the terms in place before it was rescinded on sept 5, 2017, until further notice."
  • New applications for DACA will not be accepted.
  • Applications for advance parole will not be accepted.
  • See https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-January-2018-preliminary-injunction
• Students who may benefit from this development should contact an immigration attorney. The Reves Center can provide referral to a qualified immigration attorney.

September 5, 2017 Update

The Trump Administration announced today that the Department of Homeland Security (DHS) is initiating "the orderly wind down of the program known as Deferred Action for Childhood Arrivals (DACA)."

President Taylor Reveley has issued a statement to the William & Mary community (available online).

We are monitoring the situation closely and will make updates as we know more. In the meantime, here are the links to the Administration's announcement and guidance:

• Press Release: Rescission of Deferred Action for Childhood Arrivals (DACA)
• DHS Memorandum on the Rescission of Deferred Action for Childhood Arrivals (DACA)
• Frequently Asked Questions: Rescission Of Deferred Action For Childhood Arrivals (DACA)
• Statement from Acting Secretary Duke on the Rescission Of Deferred Action For Childhood Arrivals (DACA)
• Fact Sheet: Rescission Of Deferred Action For Childhood Arrivals (DACA)