DACA scored a win in federal court on November 8th, when the Ninth Circuit Court of Appeals sided with a San Francisco-based lower court’s decision to temporarily block the administration’s plan to end DACA. This means that those currently enrolled in, or previously enrolled in DACA, can continue to renew their DACA status.
In explaining their decision, the appeals court judges explained that the administration had likely decided to end DACA in a way that was “arbitrary, capricious, or otherwise not in accordance with law.”
This good news follows a decision by a federal judge in Texas in August on a separate lawsuit, in which the judge decided not to issue an emergency ruling that would have required an immediate halt to DACA. In that case, however, the judge signalled that he could still rule against DACA at a later date.
The next step in the ongoing legal battles will be the U.S. Supreme Court. It is likely that in the new year, the nation’s highest court will consider the constitutionality of the administration’s decision to end DACA, with a decision likely in, or before, June 2019.
Some in Congress have suggested that a compromise could be reached before the end of this year. The compromise would be to pass a version of the Dream Act in return for funding a border wall between Mexico and the United States. Such a legislative approach, if successful, would likely result in voiding the legal battles currently underway in the courts. However, the inability of the White House and Congress to reach agreement on a similar deal earlier this year suggests that it will be difficult to achieve in the coming months.
The National Immigration Law Center’s latest guidance continues to urge those who have, or previously had, DACA status to consult with “an immigration attorney or Board of Immigration Appeals–accredited representative” on next steps.
Help a DACA recipient pay for their renewal fees by donating to the DACA Renewal Fund here.