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How Does the Supreme Court Ruling on DACA Affect Dreamers?

On June 18, 2020, the Supreme Court ruled that the Deferred Action for Childhood Arrivals program (DACA) was illegally ended. This news was a huge relief for about 700,000 Dreamers across the United States. But how will this ruling affect those childhood arrivals? Could DACA face more challenges in the future? We take a look at the effects of this ruling and what it means for certain immigrants in our country.

How the DACA Ruling Affects Dreamers

Dreamers are undocumented immigrants brought to the United States when they were children. They have spent their entire lives in the U.S. and know little of their nation of origin. As they have grown, some of these individuals have become upstanding members of society. Chief Justice John Roberts noted in his opinion on the court’s decision that Dreamers pay $60 billion in taxes every year. He also noted that Dreamers have degrees, careers and families that include 200,000 children who are U.S. citizens. So how will this ruling affect these Dreamers and their families?

The ruling will prevent the deportation of Dreamers across the country. About 649,000 immigrants have work permits under DACA and should retain those permits. Analysts believe this ruling may even allow new eligible individuals to apply for DACA status. They claim that the ruling technically restores the program to what it was in 2012. But will the program withstand future challenges?

What Is the Future of DACA?

The Supreme Court voted 5-4, blocking the current administration’s effort to dismantle DACA. However, Roberts wrote that the court did not decide if DACA and its rescinding were legal. He says the court’s ruling only addressed if the administration met procedural requirements to revoke DACA. This means the court believes the administration failed to provide sufficient justification to end the program.

By this logic, the President and his administration could attempt to end DACA again. Only one issue may keep the administration from doing so — time. When the administration initially tried to end DACA, there was push back. Many parties filed lawsuits and over 200 major companies sent briefs to the Supreme Court supporting Dreamers. The program is popular among Americans. Pew Research estimates that about 74 percent of Americans are in favor of the DACA program.

If the administration were to challenge DACA right now, the effort could drag on for months or even years. Considering that this is an election year, the administration could change in January. That would make current efforts to repeal DACA pointless. However, the political climate is very unstable, and no one knows how things will work out.

Do You Have Other Immigration Questions?

As national immigration issues unfold, our California immigration lawyer continues to work hard. We can help you if you have any questions about the immigration process here in the United States. The Law Offices of Sweta Khandelwal assists immigrants, investors and businesses. We serve clients in San Jose, San Francisco, Palo Alto and across all of California. To learn more about our services, call us at (408) 542-0499 or fill out our online contact form.

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Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.

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