After the Supreme Court’s decision on Deferred Action for Childhood Arrivals, many may wonder what happens with the program now. It was on hold waiting for this decision with no movement one way or the other.
According to the U.S. Citizenship and Immigration Services, while many may see this as a win for those using the DACA program, the official statement is that it has no bearing on current policies. The USCIS plans to continue operating as if DACA is on hold, awaiting further action by either the president or Congress.
Congressional actions
Congress can institute a new policy to replace DACA. This would allow for legal recognition that the USCIS would then have to follow. As it stands, the USCIS does not view DACA as a law, and therefore, it has the right to refuse to administer it.
Presidential actions
Because the Supreme Court did not strike DACA down, the New York Times explains President Trump cannot immediately end it. However, he does have the ability to follow the guidance of the court to resubmit the request. The court only rejected the request because it said that it did not follow the rules on how to end the program. The goal of the administration is to remove the DACA program and to implement a different strategy for managing the immigrants covered under it.
USCIS actions
The Supreme Court neither upheld nor revoked DACA, so everything remains the same as it was prior to the ruling. The USCIS will continue to keep operating the program as it has since the president’s request to end it.
