U.S. President Donald Trump’s latest travel ban victory has breathed new life into his administration’s efforts to end the DACA (Delayed Action for Childhood Arrivals) program. After a milestone ruling by the Supreme Court on June 26, the Trump administration might have a chance to abolish the DACA program, which defers removal action against eligible individuals for a certain period of time.
“Individuals are considered eligible under the DACA program if they came to the United States as children and meet several other guidelines,” explains our Salt Lake City DACA attorney from the Familia America Immigration law firm.
Can the Trump administration revoke the DACA program?
A federal judge in Texas has recommended the Trump administration’s officials to launch their yet another attempt to revoke the DACA program despite the federal government’s several failed attempts to abolish the program since September 2017.
U.S. District Judge Andrew S. Hanen of Brownsville, Texas, believes that the government’s June 26’s victory in the Supreme Court against foreign nationals from six Muslim-majority countries could give the Trump administration new legal arguments and prevent DACA recipients from renewing their legal permission to stay in the U.S.
What is DACA and how does it work?
The DACA program, which came into effect on June 15, 2012, has provided protections to some 800,000 young unauthorized immigrants, the so-called DREAMers, and sparred them from deportation. Although the Trump’s administration’s efforts to end the program have been thwarted by lower courts’ temporary orders, the government’s latest success with the travel ban could potentially give it the upper hand in its ongoing case on the DACA program’s legality.
Why can the travel ban lead to the abolishment of DACA?
Our experienced DACA attorney in Salt Lake City explains that presidential authority over immigration was the driving force behind the Supreme Court’s 5-to-4 decision upholding President Trump’s order to bar entry to individuals from seven countries: North Korea, Syria, Iran, Yemen, Libya, Somalia, and Venezuela.
The lawsuit filed in Brownsville, Texas, argues that the DACA program has been invalid from the very beginning, and asks Judge Hanen to block renewals of legal permission for DREAMers to stay in the United States. If Judge Hanen gives the green light, the DACA program will cease to exist after the existing permits run out within the next two years.
“But revoking the DACA program and leaving hundreds of thousands of DREAMers without their dream to stay in the U.S. is still not that easy,” says our Salt Lake City DACA attorney. That is because in its ruling in favor of the Trump administration last month, the Supreme Court relied primarily upon a 1956 federal immigration law.
That law gives the U.S. President the authority to bar entry to and exclude all aliens from the United States as long as doing so would be necessary to the nation’s interests. One of the reasons why the Court upheld President Trump’s travel ban in its ruling last month was also because it accepted the federal government’s argument that the existing immigrant-vetting procedures were not sufficiently effective to prevent potential terrorists from entering the U.S.
While the lawsuit against the DACA program does no cite the same immigration law, which outlined the President’s authority to exclude immigrants from the country, there is a chance that the Supreme Court’s travel ban ruling could jeopardize the DEAMers Act.
Are you a DACA recipient and are worried about your future? Seek the legal advice from our skilled lawyers at the Familia America Immigration law firm. Call our offices at 801-656-9605 or complete this contact form to get a consultation. Se habla Espanol.