ADEA Washington Update

What Happened to the DACA Deadline?

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On Feb. 26, the U.S. Supreme Court (SCOTUS) declined to take up a Trump Administration request that it review a federal district judge’s ruling that the Administration must maintain large portions of the Deferred Action for Childhood Arrivals (DACA) program. The lower court order by U.S. District Judge William Alsup, J.D., M.P.P., had granted a nationwide injunction temporarily barring the Administration from carrying out its plans to halt the program, saying that those with DACA status would be able to reapply for benefits indefinitely but no newly filed DACA applications would be accepted.

In a brief unsigned comment, the justices stated that they assume “the court of appeals will proceed expeditiously to decide this case.” This means the program will essentially stay in place for current DACA recipients past the March 5 deadline that the White House set for ending the program. The Supreme Court could still decide to consider the case when the Ninth Circuit Court of Appeals concludes its review and makes a decision on the program, but that could be months from now. In the meantime, applications for renewal must be accepted indefinitely.

After the denial for review by SCOTUS, the White House issued a statement that labeled DACA as “clearly unlawful” and said it will “vigorously defend its position” through further litigation. House Freedom Caucus Chairman Mark Meadows (R-NC) and Rep. Mario Diaz-Balart (R-FL) also said they do not expect a DACA measure to be tied to the March 23 spending deal, citing the Supreme Court’s decision not to expedite the legal proceedings on the issue. Without a looming deadline it is questionable if there will be a legislative resolution to this issue this year. 

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