Supreme Court Grants Certiorari to Consider DACA Rescission Issue

The Supreme Court granted certiorari to rule on whether Department of Homeland Security’s decision to rescind the DACA program is judicially reviewable, as well as whether the decision to rescind the program was lawful. The Court further consolidated two other DACA related cases, Trump v. NAACP and McAleenan v. Batalla Vidal, together with this case, DHS v. Regents of the University of California.

The Court set aside one hour for oral argument. There are no new changes to the DACA program at this time, it is still being implemented on the terms of the prior court rulings discussed below. However, the Court will be issuing a decision following oral arguments, likely sometime in the first half of 2020.

Given USCIS processing times and the Court’s cert grant, clients who want to renew their DACA should submit their applications to USCIS as soon as possible.