Supreme Court victory for DACA (Deferred Action for Childhood Arrivals)! The Supreme Court reversed the rescission of the program by the Trump administration and ruled that it must return to the original program, allowing new applications and advance parole.
The decision stems from a legal challenge filed by the Regents of the University of California and allows DACA to remain in effect for now. Since 2012, DACA has safeguarded more than 800,000 undocumented people from removal (deportation) and allowed them to apply for an employment authorization document (EAD). An EAD provides the ability not only for employment, but to apply for a social security number and driver license. In other words, things we take for granted. Applying for advance parole for travel abroad for certain defined purposes, such as education, business, or humanitarian trips potentially allows those in DACA status to return to the U.S. with inspection and admission. This is important for those who did not meet this requirement. It can allow them to apply for permanent residence through a U.S. citizen spouse without having to go through a more arduous waiver process.
What is still needed is a permanent pathway to residence and eventually citizenship, as DREAMers in DACA status contribute so much to the U.S. There is still uncertainty, but let’s enjoy this huge victory for today.
By Grace Alano. Grace Alano is an immigration attorney at Alano Immigration in San Francisco, CA. Find Grace Alano on Facebook.