U.S. Supreme Court Blocks the Trump Administration’s Attempt to End DACA

SCOTUS Blocks Attempt to End DACA

On June 18, 2020, the United States Supreme Court issued a decision blocking The Department of Homeland Security’s (DHS) attempt to end the Deferred Action for Childhood Arrivals program, commonly known as DACA. The decision ensures that DACA recipients can continue to work legally and employers can continue to lawfully employ them. In a 5 to 4 decision written by Chief Justice John G. Roberts, Jr., the Court ruled that DHS failed to provide a reasoned explanation for its action, and thus the Government’s decision to terminate the program was arbitrary and capricious thus violating the Administrative Procedure Act (“APA”).

President Barack Obama, by executive order, implemented the DACA program on June 12, 2015. The program allows certain undocumented aliens who were brought to the United States as children to apply for a forbearance of removal, provided they met certain criteria. Those granted such relief were permitted to remain in the United States and become eligible to apply for work authorization and other federal benefits. Since its implementation, some 700,000 undocumented immigrants have availed themselves of this opportunity. In September 2017, DHS, under the Trump Administration, rescinded the DACA program on account that it was unlawful because it violated the Immigration and Nationality Act, which defines the eligibility requirements for such benefits. Several organizations around the country filed law suits challenging DHS’s decision to terminate DACA, arguing that the decision was arbitrary and capricious because the Government failed to follow required procedure in rescinding the program, in violation of the APA. The Ninth Circuit affirmed a preliminary injunction issued by a California District Court blocking DHS’s rescission of the program, and the Government sought writ of certiorari.

In its decision, the Court stated that, DHS’s conclusion to declare DACA unlawful failed to address the reliance interest on the program. The Court highlighted Respondents’ argument that: recipients have “enrolled in degree programs, embarked on careers, started businesses, purchased homes, and even married and had children, all in reliance” on the DACA program. Justice Roberts wrote: “The consequences of the rescission, respondents emphasize, would ‘radiate outward’ to DACA recipients’ families, including their 200,000 U.S.-citizen children, to the schools where DACA recipients study and teach, and to the employers who have invested time and money in training them.” The Court found the Government’s failure to consider those matters “was arbitrary and capricious in violation of the APA.”
Given the scope of the program, DACA recipients have become an integral source of employment in various industries throughout the United States. This ruling ensures that DACA recipients will continue to be protected from removal and receive work authorization for employment provided they meet the eligibility requirements.

It should be noted that employers should treat DACA employees and job applicants the same as all other employees. It is a violation of the anti-discrimination provisions of the Civil Rights Act and New York law to treat DACA recipients differently than other job applicants or employees. If you believe you have been treated differently by an employer because of your DACA status, contact the New York employment attorneys Borrelli & Associates, P.L.L.C. immediately to schedule a consultation.