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Supreme Court to Hear DACA Arguments in November

The Supreme Court will hear oral arguments Nov. 12, 2019, in three cases challenging the legality of the rescission of Deferred Action for Childhood Arrivals, or DACA: Regents of the University of California v. Department of Homeland Security, Batalla Vidal v. Nielsen, and NAACP v. Trump. Following the Trump administration’s September 2017 announcement that it would phase out DACA, several federal courts issued injunctions preventing USCIS from implementing the termination. Since Jan. 9, 2018, USCIS has been accepting renewal applications from anyone who currently has or has previously held DACA. However, no initial DACA applications or advance parole applications can be filed. A final ruling from the Supreme Court on the legality of the termination of DACA is expected no later than June 2020.

CLINIC encourages advocates to continue to submit renewal applications for eligible DACA clients in the event that the Supreme Court’s decision causes USCIS to stop accepting renewal requests. People whose DACA expired before Sept. 5, 2016, or was terminated at any time, must apply as initial applicants and include the required supporting evidence. Those whose DACA expired on or after Sept. 5, 2016, may request DACA as renewal applicants and should follow the instructions for renewal requests.  More information is available on the USCIS website.