ABSTRACT

Legality of DACA: Recent Litigation Developments [Updated November 3, 2021]   [open pdf - 763KB]

From the Document: "Since 2012, certain unlawfully present non-U.S. nationals (aliens, as the term is used in the Immigration and Nationality Act [hyperlink] [INA]) who entered the United States as children have been permitted to remain and work in this country for renewable two-year periods under the Deferred Action for Childhood Arrivals [hyperlink] (DACA) initiative. During the Trump Administration, the Department of Homeland Security (DHS) sought to rescind [hyperlink] DACA on the basis that it was unlawful. Several federal district courts enjoined DHS from terminating DACA and required the agency to continue accepting DACA applications and work authorization requests from current DACA recipients. In 2020, the Supreme Court held [hyperlink] that DHS's rescission of DACA violated procedural requirements in federal law, thereby leaving DACA largely intact, without deciding on the legality of DACA itself."

Report Number:
CRS Legal Sidebar, LSB10625
Author:
Publisher:
Date:
2021-11-03
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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