Federal Court Orders DACA Program to Returned to its Original Status – Accept New DACA Applications

    

In June 2020, the U.S. Supreme Court ruled against the Trump administration’s efforts to end the Deferred Action for Childhood Arrivals program or DACA. The ruling was a massive win for DACA recipients but left open the possibility for the Trump administration to try to rescind DACA again, using different legal arguments.

In July 2020, a federal court in Maryland has ruled that the Deferred Action for Childhood Arrivals program must accept new DACA applications, effectively reinstating the program to its status before the Trump administration's attempt to end it. The July ruling does not reduce the possibility of another attempt by the Trump administration to eliminate the DACA program. This new development does open the door for thousands of people eligible for DACA to once again apply for the program.

The order also addresses policies related to information-sharing and blocks the sharing of DACA application information with immigration enforcement officers. The original Obama administration DACA guidance did not allow for sharing information about DACA applicants with Immigrant and Customs Enforcement (ICE). This order prohibits the Trump administration from allowing ICE to access databases where DACA application information is stored.

For a history of DACA's challenges under the Trump administration:

 

About The Author

Dr. David Holbrook is a nationally recognized leader in federal programs administration and monitoring with expertise in Title I, Title III, Native American Education, and Federal Programs. Dr. Holbrook has also worked as a consultant with Title III of the US Department of Education and now serves as Executive Director, Federal Compliance and State Relationships with TransACT Communications.