Access the full oral argument presented before the Supreme Court by listening to the audio recording or by downloading the transcript.
Latest news: November 12, 2019
IU Signs Amicus Brief in Support of Deferred Action for Childhood Arrivals Recipients as DACA Heads to the Supreme Court
Indiana University President Michael A. McRobbie has issued the following statement on the filing of an amicus brief in support of Deferred Action for Childhood Arrivals and the consolidated cases in front of the Supreme Court, urging the Court to stand in support of DACA recipients:
“On Oct. 4, Indiana University joined 165 colleges and universities from across the country in signing an amicus brief supporting the roughly 700,000 young immigrants who came to the United States as children and who are protected from deportation by the Deferred Action for Childhood Arrivals program. This “friend of the court” brief was coordinated by the Presidents’ Alliance on Higher Education and Immigration.
The U.S. Department of Homeland Security recently changed its policy regarding expedited removal of certain individuals who did not enter the U.S. legally and have lived in the U.S. for less than two years. This may effect DACA students if they are erroneously detained and do not have proof of two years or more of continuous residence in the U.S. which could lead to their removal.
We strongly encourage DACA students to carry their DACA approval notices and evidence that they have been in the U.S. longer than two years with them at all times.
If you are detained and interviewed, you will have little or no opportunity to consult with family members or gather evidence that might prevent deportation. Those individuals erroneously subjected to expedited removal proceedings will face decisions made by the Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) officers, which are non-reviewable.
Again, Indiana University values your talents and contributions the IU community, and will continue to monitor DACA related policy changes.
The U.S. Supreme Court consolidated several DACA-related cases and scheduled oral arguments for November 12, 2019. The court will first decide if the decision to end DACA is reviewable by the courts. If so, the court will decide if the decision was lawful. We expect a decision in June 2020.
In the meantime, we continue to recommend that students renew their DACA status in a timely manner, preferably before October 2019.
The Supreme Court took no action on January 22, 2019 on the government’s request to review the DACA decisions that have been previously issued. The court’s inaction almost certainly means it will not hear the administration’s challenge in its current term, which ends in June.
The justices’ next private conference to consider petitions seeking review is scheduled for February 15, 2019. Even were they to agree to hear the case then, it would not be argued until after the next term starts in October and a decision sometime in early 2020 depending on when the case is heard.
On November 8, the 9th U.S. Circuit Court of Appeals ruled that the U.S. government has to continue the DACA program.
However, the administration is expected to appeal the ruling to the Supreme Court, which will likely release a decision in spring or summer next year.
U.S. District Court Judge John D. Bates ruled that the government had to fully reinstate the DACA program. However, shortly after, Judge Bates stayed (put on hold) the part of his decision that required the government to accept new DACA applications or accept advance parole applications. This means if you are eligible to renew, you can submit your renewal application, but we strongly recommend you do not attempt travel outside of the U.S. If you have never applied for DACA, you are ineligible to apply.
In an August 31, 2018 opinion, U.S. District Court Judge Hanen declined to issue an injunction that would have halted the processing of DACA renewals. This means that there are no new changes at this time and people can still submit DACA renewals.
On April 24, 2018, a federal district court judge ruled that the government would need to continue the DACA program as it was before.
However, the ruling does not go into effect immediately and it is not final. The government has 90 days to provide better reasoning for its decision to rescind DACA.
So for now, the government still has to process DACA renewal applications, but will not accept new applications or applications for Advance Parole (to travel outside the country).
On March 5, a federal district court judge ruled that the government cannot use information provided through the DACA program for enforcement (removal) purposes, unless the government requests permission from the court on a case-by-case basis if there is a national security, public safety or public interest issue. However, a federal judge would determine this, if it should occur.
On January 9, 2018, a federal district court judge ruled that the U.S. government has to provisionally continue the DACA program. A second court agreed with this ruling on February 13, 2018. This impacts only current DACA recipients. If you are not a current DACA recipient, you are ineligible to apply for relief.
These rulings are not permanent. This is an ongoing court case and the rulings only provides temporary relief while the legal process continues.
If you are currently a DACA recipient
We encourage all eligible DACA recipients to consult with an attorney or file a renewal application as soon as possible. Frank Martinez, IU Immigration Attorney, is also available to answer any questions or discuss your particular situation.
USCIS has been accepting renewal applications that are filed more than 150 days before expiration. However, DACA grants are issued from the date of approval, so one result of filing early could be that the recipient does not benefit from a full two-year extension.
The government is not accepting or reviewing applications for Advance Parole. That means we strongly urge you to not attempt travel outside the United States.
If you are not currently a DACA recipient
You are not eligible to apply for DACA.
IU urges Congress to take swift action
On December 14, IU President McRobbie joined with other Big 10 university leaders and called on Congress to enact a permanent legislative solution for DACA recipients.
We also want to assure all DACA students that we remain fully committed to ensuring a welcoming, safe and civil community for all IU students.President Michael A. McRobbie