Dreamers brought to the U.S. as children and living in Illinois can breathe easier for the time being after the Supreme Court struck down the Trump Administration’s attempt to end the popular program. However, since the Court did not rule on the merits of the program, the matter may end up back there in the future.
The DACA program was revoked by then-Attorney General Jeff Sessions. He issued a one-page memo citing the reasons for discontinuing the program. This was what ran afoul of the law. The Supreme Court punted on the issue of whether the DACA program was legal in the first place. Instead, the Court’s decision looked at whether the government followed the proper decision-making process under a law called the Administrative Procedures Act. Since the government did not give the full consideration necessary before ending DACA, its decision was arbitrary and capricious.
The Trump Administration has tried to spin the decision as the Court finding that DACA was illegal and that it did not have adequate paperwork. As such, President Trump is being pressured to end DACA once more with more robust reasoning than what used in the initial attempt. Accordingly, the Dreamers cannot fully rest easy because there is always a chance that the matter will end up in front of the Supreme Court again with their future at stake.
The stakes for all immigration cases have been raised in the past few years as the federal agencies have toughened all of the rules in an attempt to reduce immigration and visitors. As such, any immigration filing must be exactly correct or risk being rejected by the federal government. One should consult an immigration law attorney for legal advice since there is almost no room for error with regard to any part of the process.