The Supreme Court DACA decision is a victory, but must be viewed for what it is: a not very surprising refusal to circumvent appellate review of the CA District Court's decision to enjoin the Trump admin's "winding down" of DACA based on the justification provided by the gov't.
It means:
1) The District Court's order remains in place for now; people, who already had DACA can renew. New DACA applications by people, who never had DACA previously, will not be accepted.
1) The District Court's order remains in place for now; people, who already had DACA can renew. New DACA applications by people, who never had DACA previously, will not be accepted.
2) The Ninth Circuit will preside over the government's appeal of the District Court's decision. We do not know how the Ninth Circuit will rule. Assuming the Ninth Circuit upholds the District Court, the government can then appeal to the Supreme Court again.
3) The Fourth Circuit will now hear a similar case, on appeal from the NY District Court.
4) Even if the Supreme Court hears the appeal AND upholds the Ninth Circuit, it would only mean that the current justification by the gov't for ending DACA did not withstand judicial scrutiny. The gov't could end DACA under a new justification that addresses the courts' concerns.
5) One way or the other, DACA is not a permanent solution for Dreamers. This is evident now more than ever. Only Congress can fix this problem through legislation that providers Dreamers a path toward permanent immigration status.
