July 27, 2018
HR Policy joined several member companies in filing an amicus curiae brief supporting DACA in federal court in response to a suit by seven states to bar the federal government from processing DACA applications.
Current status of DACA: Despite the Trump administration’s efforts to force Congress to act by attempting to terminate the program, DACA renewals continue to be processed until legal challenges to the administration’s action have been resolved.
Texas v. Nielsen challenges the lawfulness of the DACA program—not the Trump administration’s attempt to end it, in contrast to previous DACA lawsuits on which HR Policy has weighed in.
DACA renewal processing could be halted as soon as mid-August, depending on whether the judge decides to issue a preliminary injunction against the DACA program and, subsequently, whether the courts further stay active federal injunctions against the Trump administration’s termination of the DACA program.
The brief argues, “DACA has produced—and is continuing to produce—important benefits for America’s companies and for our economy as a whole.”
HR Policy previously joined on two similar amicus briefs—to the Courts of Appeals for the Second and Ninth Circuits, respectively.
Looking ahead: Appeals to the Trump administration’s termination of DACA are pending in the Courts of Appeals for the Second, Fourth, and Ninth Circuits, with many potential timelines. If an appeal is accepted by the Supreme Court this summer, spring of 2019 will be the earliest likely time to look for a decision.