Featured Issue: Protecting Dreamers and TPS Recipients

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On June 18, 2020, the U.S. Supreme Court ruled that DHS’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious under the Administrative Procedure Act. This ruling will allow Dreamers across the country to continue to have temporary protection from deportation. AILA issued a press release celebrating the decision and calling on Congress to permanently protect Dreamers.

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Following the Trump administration's rescission of DACA and the termination of Temporary Protected Status (TPS) for many designated countries, both at least partially enjoined by federal courts, there has been increasing pressure from both Democrats and Republicans to pass a permanent legislation to protect Dreamers and TPS recipients. Americans have long shown overwhelming support for protecting Dreamers - polls have shown that 86 percent of Americans want Dreamers to be able to stay in the country. TPS recipients are integral members of our economy - without them, industries such as construction, restaurants and other food services, and landscaping would experience disruptions that would have serious ripple effects on the economies of several states.

Dreamers and TPS recipients make America a better and stronger nation, and it's time for Congress to pass bipartisan legislation to protect them from deportation and secure them a future as Americans.

• Read about the legislative efforts to protect Dreamers.
• Read the government's announcements and memos from September 5, 2017
• Read about current litigation challenging the rescission of DACA

Legislative Efforts to Protect Dreamers

Congressional members from both political parties have introduced legislation that would protect Dreamers. Read AILA's statement on the House’s passage of H.R 6, the American Dream and Promise Act applauding Congress and calling on the Senate to immediately bring H.R. 6 for a vote. For more information on past legislative efforts to protect Dreamers, check out our AILA Policy Brief: How Dreamer Protection Bills Measure Up to learn more about past legislative efforts to protect Dreamers.

• H.R. 6: American Dream and Promise Act of 2019
• S. 2144: Safe Environment from Countries Under Repression and Emergency Act

Practice Assistance Resources

AILA has issued a practice alert on filing DACA renewal applications in the wake of several federal court cases, including Regents of the University of California v. DHS in which a district court directed DHS to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the September 5, 2017, rescission of DACA. AILA is updating this practice alert regularly with new developments.

• Filing DACA Applications in the Wake of Federal Court Rulings

Government Announcements and Memos since September 5, 2017

• DHS Memorandum: Rescission of the June 15, 2012 Memorandum Entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children"
• USCIS Information: Deferred Action for Childhood Arrival, Response to January 2018 Preliminary Injunction

Litigation Challenging DACA Rescission

• DACA Recipients File Lawsuit Challenging DACA Rescission (Garcia v. Trump, 9/18/17)
• NAACP Files Lawsuit Challenging DACA Rescission (NAACP v. Trump, 9/18/17)
• California and Three Other States File Lawsuit Challenging DACA Rescission (California v. DHS, 9/11/17)
• University of California Files Lawsuit Challenging DACA Rescission (Regents of the University of California v. DHS, 9/8/17)
• States File Lawsuit Challenging DACA Rescission (New York v. Trump, 9/6/17)
• DACA Recipient Challenges Revocation of DACA Program in District Court (Batalla Vidal et al. v. Baran et al., 9/5/17)
• Maryland District Court Declines to Enjoin Rescission of DACA Program (Casa de Maryland v. DHS, 3/5/18)

Cite as AILA Doc. No. 17072035.