Supreme Court Hears Case Determining Fate of DACA Program

November 15, 2019

In a case in which the Association has been involved, the U.S. Supreme Court heard arguments on whether the Trump administration’s decision to end the Deferred Action for Childhood Arrivals program (DACA) should stand despite several injunctions from federal courts.

It is unclear how the Court will rule, with various projections as to the likely outcome.

Justice Stephen Breyer noted broad support for DACA recipients across industries, mentioning an amicus curiae brief submitted by a coalition including HR Policy Association and several member companies.

“There are all kinds of reliance interests,” Justice Breyer said.  “I counted briefs in this Court…which state different kinds of reliance interests.  There are 66 healthcare organizations.  There are three labor unions.  There are 210 educational associations.  There are six military organizations.  There are three home builders, five states plus those involved, 108, I think, municipalities and cities, 129 religious organizations, and 145 businesses.”

The bottom line:  More than 700,000 people, including a number of employees of HR Policy Association members, are protected from deportation and permitted to work in the U.S. under DACA.  The program will remain intact at least until the Court's decision, which will be handed down by this summer.  If the Court permits the Trump administration to end DACA, it will be up to Congress—in an election year—to come to a legislative agreement.