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 was a major victory for DACA recipients, their families and communities; the Court’s decision restores the 2012 Obama Administration DACA policy in full.
Due to the November court decision, DACA has been restored to its full 2012 program. This allows new DACA applicants, who had been barred since Sept 2017, to apply for the program. But because the ability for these new applicants to apply is under legal threat — along with the rest of the program — we want to encourage companies and organizations to help them apply right away.
The legal threats to the program mean the program could be restricted as soon as late 2020 and the first quarter of 2021.
Employers can show up for their DACA recipient employees and engage 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.
- Press on the new Administration and Congress to support legislation with a pathway to legal status for immigrants.
- Companies with contacts to Senate Republicans should reach out to urge them to support DACA legalization legislation.
- 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 DACA recipients.
- 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.