In Regard to the Recent Supreme Court Case Decision on DACA
The U.S. Supreme Court’s June 18 decision in 18-587 ruled (5-4) that the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (DACA) program is reviewable and invalid because the change violated administrative law. This is a major victory for DACA recipients, their families and communities; the Court’s decision restores the 2012 Obama Administration DACA policy in full. Eligible DACA recipients can continue to apply to renew their DACA for two more years, though because the Trump Administration has indicated that it may try again to end the program, eligible DACA recipients are encouraged to renew as quickly as possible. DACA-eligible individuals who never had DACA should be able to apply in the future, but the Department of Homeland Security first needs to reopen the initial application process. Additionally, it is possible that Advance Parole may again allow DACA recipients to travel outside the United States and return. However, details of this possibility are still unclear, and the potential impact of the COVID-19 pandemic may limit the ability to travel.
Employers can show up for their DACA recipient employees and engage around the Supreme Court ruling in a variety of ways. The following suggested actions include ways to support DACA recipient employees within your company, and support the DACA program and potential beneficiaries more fully.
- Fund renewals for DACA recipient employees who are eligible, and encourage them to renew as soon as possible.
- Encourage employees to consider speaking with an immigration attorney.
- Resources, including a Legal Service Directory, are available to help with the DACA renewal process at www.InformedImmigrant.com.
- Ensure employees know that, due to COVID-19, USCIS has closed their offices as of March 18, 2020, and suspended all biometrics appointments until further notice. The agency will reuse previously submitted biometrics in order to process work authorization applications.
- Sign onto upcoming letters to the Trump Administration and Congress which will call for them not to touch DACA again.
- Companies with contacts to Senate Republicans should reach out to urge them to leave DACA alone, and to refuse to engage in efforts to end or shrink the program.
- Highlight your company’s support for DACA recipients across your platforms, such as your website and your social accounts:
- Film and share brief videos with company leadership speaking about your company’s organizational support for DACA recipients. Please contact FWD.us if you’d like support on this project.
- Show your support on social media; Facebook, Instagram and Twitter.
- Engage in proactive press efforts to highlight your company’s support for the SCOTUS decision.
- Commend SCOTUS for the decision and call on Congress to pass a permanent legislative solution – specifically, for the Senate to take up the House-passed Dream and Promise Act, which would extend protections to DACA recipients and TPS holders.
- Submit an opinion editorial (“oped”) from company leadership to a local news outlet. Some potential targets can be business publications that cover your industry, or the major daily newspaper in your location.
- Refer to this guide for suggestions on how to write an oped, and feel free to reach out to FWD.us for additional assistance.
- Support local organizations and nonprofits hosting DACA renewal workshops, scholarships for DACA-eligible individuals, or other resources that benefit DACA recipients.