The U.S. Court of Appeals for the Ninth Circuit last week became the first federal appeals court to rule on the legitimacy of the Trump Administration’s attempt to rescind the Deferred Action for Childhood Arrivals (DACA) program, which was implemented pursuant to a 2012 Executive Order issued by President Obama. DACA permits young undocumented aliens residing in the U.S., who were brought by their parents to the country illegally as children, to work legally and avoid deportation, assuming they meet strict eligibility requirements.
The decision by the appeals court in Regents of the University of California v. U.S. Department of Homeland Security, No. 18-15134 (9th Cir. November 8, 2018), upholding a federal trial court ruling issued this past January, concludes that DACA was a permissible exercise of Executive Branch discretionary authority, and that those challenging the Trump Administration’s attempt to rescind the program are likely to succeed on their claim.
From a practical standpoint, the Ninth Circuit’s ruling simply means that, for now, the status quo is maintained, and current DACA beneficiaries can continue to work in the U.S. lawfully and can still apply for renewals. Absent any intervening action by Congress, however, the decision does increase the likelihood that the Supreme Court will ultimately decide DACA’s legality.
A copy of the Ninth Circuit’s opinion is available here.
Members of the Center for Workplace Compliance (CWC) can read more here.