It feels like immigrants have been under attack in this country for some time. Sadly, many of these individuals have to find a way to cope with the daily fear of being deported due to changed or simply unfair policies. Dreamers, who are individuals who entered the United States illegally as children, know this reality all too well. They found some comfort in 2012 when then President Barack Obama issued an executive order entitled Deferred Action for Childhood Arrivals (DACA), which shielded them from deportation and allowed them to obtain work permits that last for two years. Those work permits are renewable, allowing Dreamers to build a life in the only country they have ever really known as home.
Since DACA was implemented, though, many have challenged the protection as illegal, thereby putting many Dreamers on edge. Critics of the law have claimed that then President Obama overstepped his legal authority by bypassing Congress and implementing such a sweeping law. Attacks on the law intensified with the election of President Donald Trump, who vowed to repeal the Act. He did so in 2017. As that rescission of the law was put on hold pending various appeals, Dreamers were once again confronted with an uncertain future.
But those Dreamers can now breathe a sigh of relief, at least for the time being. The United States Supreme Court recently issued its ruling on appeals challenging President Trumps repeal of DACA, finding in a 5-4 decision that the way in which the government rescinded the law was illegal. Chief Justice John Roberts, who is thought of as one of the Court’s most liberal justices, said that the government’s action was “arbitrary and capricious.” This means that the approximately 649,000 immigrants who have DACA protection will continue to be shielded from removal, and they will continue to be able to obtain renewable two-year work permits. This is huge news.
Many critics try to dampen the news by pointing to the fact that the Supreme Court only addressed the way in which the government repealed DACA rather than the actual legality of it. In fact, some think that a majority of the Court clearly indicated that the law is, in fact, illegal but most be dispensed with in the proper fashion.
What’s important to note, though, is that it is highly unlikely that the Trump administration will be able to pursue the proper channels to repeal DACA in a legal fashion before the November elections. This means that, should President Trump lose reelection, the repeal of DACA may be put to rest in the long-term.
That’s not to say that immigrants won’t continue to be under attack in the meantime. Now more than any time in recent decades, immigrants need to be on guard to ensure that they are protecting themselves, their families, and their livelihoods in this country. That means staying up to date on the ever changing law and being proactive in challenging acts by the government that threaten to take everything away from them.
This can be stressful given the stakes at play, but you don’t have to face these problems on your own. Experienced attorneys who are familiar with the immigration law system can help you navigate the ins and outs of your case. This will help ensure that you and your family are protected as fully as possible in light of the current state of the law. To learn more about what our firm offers in the way of immigration law services, please continue to browse our website.