On June 18, 2020, the U.S. Supreme Court issued a surprising 5-4 decision siding with three plaintiffs who claimed that the Trump Administration violated the law (specifically the Administrative Procedures Act) when the administration rescinded the DACA program in December 2017.   

The decision is currently being digested and we are awaiting official guidance from USCIS as to whether they will accept first time DACA cases or reinstate the ability to qualify for an Advance Parole travel document.  We will issue a follow up announcement once answers are forthcoming from USCIS.  While it is true that the Trump administration could seek to once again rescind the program, based on a different reason then what was provided under the original rescission, it is doubtful that this action would be taken so close to an election.  Even if this were to take place, we would fully anticipate another round of litigation. 

Furthermore, if Joe Biden is elected to become President then we fully expect that the program will continue to operate without threat during the Biden administration.

The attorneys of Levine & Eskandari, LLC are tremendously gratified by this development and how this will allow our firm’s amazing and talented DACA clients to continue building their lives and contributing to this success of this country.  At the same time, we strongly urge that any current DACA recipients that had delayed filing a renewal application (based on the belief that the Supreme Court would allow the program to be canceled) should immediately move forward with their renewal cases.  We are already receiving calls from DACA clients who are excited and ready to proceed with their renewals given today’s news.  

Contact our firm for additional information related to this topic and for advice regarding how to navigate U.S. immigration laws.