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The Supreme Court of the United States has agreed to hear the appeals over the termination of the Deferred Action for Childhood Arrivals (DACA) program during its next term. In its order, the Court consolidated three pending DACA appeals and granted one hour for oral argument. The Court is expected to decide, once and for all, whether the Trump administration can end the DACA program. A decision is not likely until spring or early summer of 2020.

President Obama implemented DACA in 2012. The program provides work authorization and protection from deportation to those brought to the United States as children. In 2017, the Trump administration moved to rescind DACA but three federal district courts issued nationwide preliminary injunctions, preventing the Trump administration from dismantling the program in its entirety. Since then, four federal appeals courts have ruled against the rescission of DACA. As a result, the Trump administration sought final review by the Supreme Court.

The administration is not expected to make any changes to DACA between now and the summer of 2020 unless a deal can be reached in Congress. The House of Representatives recently passed a bill that would provide a pathway to citizenship for foreign nationals who entered the United States before turning 18, but the bill is not expected to pass the Senate. In the meantime, DACA beneficiaries with valid employment authorization documents (EADs) may continue to work through the validity period of their EADs. They may also file for renewals as early as 150 days before the expiration of their EADs.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to DACA and will post updates on our immigration blog as additional information becomes available.


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Ogletree Deakins has one of the largest business immigration practices in the United States and provides a wide range of legal services for employers seeking temporary business visas and permanent residence on behalf of foreign national employees.

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