Chapman Law Firm Praises Supreme Court’s DACA Decision

We at Chapman Law Firm are greatly encouraged by today’s Supreme Court decision holding that the Trump Administration improperly rescinded the DACA program. The Court, speaking through Chief Justice Roberts, reaffirms the essential principal that every administration is bound by the rule of law. Despite this administration’s belief that it is exempt from this bedrock rule in our constitutional system, the Court today confirms that the rule of law binds every branch of government.

As important as the decision is, it is important to note that the Court only addressed the procedures that the administration used.   However, due to the procedural posture of the case, it may be possible for those who were blocked from filing initial applications for DACA, but who satisfy DACA’s eligibility standards, to file for DACA now.  It also may be possible for those who have DACA to file for Advance Parole (permission to travel outside the US).

Even if one or both of these options are possible, the window for doing so probably will be brief.   The reason for this is because the decision simply held that the program was terminated in clear violation of the required procedures of the Administrative Procedures Act (APA).  We expect the Trump administration to try and rescind the program again, and will try to follow the proper APA procedures. As we wait to see if and when the Trump Administration takes further action, we encourage all those who were blocked from filing initial applications to do so.  We also encourage those with DACA to consider renewing your DACA, if you have not already done so, and to file for Advance Parole (again if you have not done so and traveled on your AP).  In addition, you may have options beyond DACA, and we encourage you to call us to schedule a consultation to discuss what those other immigration options may be.

Read the decision here: https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf