The Supreme Court is Going to Review DACA Decisions

The Supreme Court has said they will hear DACA cases in their next term. In this video, immigration attorney, Andres Mejer, explains what DACA is and who it applies to. He also talks about why several courts have said that President Trump’s process of getting rid of DACA was wrong. This means that there is a very strong likelihood if his administration can fix their process, DACA will go away. Congress has been trying to provide for a way for DREAMERs (those that are eligible for DACA) to get a legal status for almost two decades with no success. There is nothing to indicate this will change. Andres *highly* recommends you contact an immigration attorney to see if you have a legal basis for obtaining a legal status asap. DACA does not give you a legal status.

Transcript (Transcripción):

Andres Mejer: Now. 

Andres Mejer: Supreme Court will hear DACA case in the next term that means around October they’re going to hear oral arguments from both sides and they will make a decision likely in the spring or summer of 2020. So in about a year we will have a decision on DACA. Now what is DACA Deferred Action for Childhood Arrivals. This is the program that Obama did by executive order. It’s not through Congress. It’s after immigration reform failed to go forward. He did it alone. And what it is is it grants protection from deportation and work authorization to a limited group of people that qualify. Now to qualify you had to have turned. I’m not gonna go through all the elements because it doesn’t matter to the six of them. But you had to have been into the US before you turned 16 and you have to be in the US before June 15 2007. That was more than 12 years ago. There are many people that today have been here more than five years and entered before they were 16. Problem is that they were they were not then here before June 15th 2007. So there’s many more that can apply. And the way that DACA was initially created five year look back period and before 16 in school still or graduated from high school or GED program and no criminal record and under 31. So there’s a lot of people that that would have met that criteria had the timeline been changed. But Trump tried to eliminate it. How. September 17th. Attorney General Jeff Sessions announced phase out of DACA boom!. 

Andres Mejer: On that same day they said no more DACA. will be accepted no more advance parole period. They will only accept renewals. 

Andres Mejer: Well three different federal judges said that’s wrong. You can’t do it that way. What the what the judges essentially said is not that the president doesn’t have the authority to remove DACA to end it in his discretion. He does. But the way that he went about doing it was arbitrary and capricious. He made a false assumption that it was unconstitutional. That’s wrong. And that’s the heart of the case. So Trump tried to immediately go to the Supreme Court thinking Hey I just stacked the court. I put two judges on their Supreme Court is gonna back me they owe me in Trump swirled in Trump World View. Now maybe he’s right. But the Supreme Court said no we’re not going to skip the steps. These these cases should go through the national the natural progression they go to the appellate courts the appellate courts make a decision and we review it only after that. So in December of last year 9th Circuit Court of Appeals upheld the decision blocking the phase out of DACA. The 9th Circuit said I quote We don’t hold the DACA could not be rescinded as an exercise of executive branch discretion, We only hold that here comma where the executive did not make a discretionary choice to end DACA but rather acted based on erroneous view of what the law required the rescission was arbitrary and capricious. under settled law. In other words he didn’t state a reasonable basis for what why he did what he did. He had a mis application of the law and a misapplication of the law is not a basis or a reasonable basis to end the DACA program. What is that saying listen President if you want to rescind it you can just do it correctly. 

Andres Mejer: Same thing with the Muslim travel ban it took them three different versions. Ultimately he got it right but he had to do it correctly. There had to be reviewed has to go through proper channels and has to follow the proper procedure here. The Ninth Circuit as did many other courts said you haven’t followed the procedure. You can’t just do whatever you want whenever you want it. You have to follow the process. If you don’t follow the process then it’s inappropriate and we’re going to bar you. So the Supreme Court may very well say Hey do the following come back to me. That is likely what is going to happen.