During its next term starting October 2019, the U.S. Supreme Court will decide whether the Trump Administration had the authority to terminate the Deferred Action for Childhood Arrivals (DACA) program. The Court announced that it will consolidate review of three lawsuits challenging the termination of the program. A ruling could be issued as late as Spring or Summer 2020.
Last year, federal district courts in California, New York and Washington D.C. temporarily blocked the Trump administration’s decision to rescind DACA, each imposing nationwide injunctions that require the Department of Homeland Security to continue to accept DACA application renewals while the legal challenges moved forward. To date, the Ninth Circuit Court of Appeals has upheld the California district court’s ruling, while appeals in the Second Circuit and the D.C. Circuit remain under review. Separately, the Fourth Circuit appeals court ruled against the government’s termination of DACA in May 2019.
The Supreme Court has previously declined the government’s requests to fast-track review of DACA lawsuits; its willingness to hear the government’s appeal next term establishes a timeframe for Congress and the White House to develop a solution for DACA recipients before the Court rules on the fate of the program.
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