We recognize this is a tumultuous time for many of us and that this impending decision weighs especially heavily on our DACAmented students and employees, other undocumented students, students from mixed-status families, and their allies. We see you, and we are committed to ensuring your success at Cal Poly despite these challenges.
Updated: April 20, 2020: 7:25 a.m.
This morning the Supreme Court issued orders and opinions. There was no decision on DACA today.
Although there was no DACA* decision issued, there was an order related to DACA, which granted a motion (Martin Jonathan Batalla Vidal, et al. in No. 18-589) for an additional brief describing the impacts of COVID-19 on any DACA decision. An opinion on this supplemental action could come this week.
The Court has also added an additional decision date for this week, Thursday April 23. This is the next possible date for a decision on DACA.
*FYI: DACA opinions are titled: DEPT. OF HOMELAND, ET AL. V. REGENTS OF UNIV. OF CA, ET AL. TRUMP, PRESIDENT OF U.S., ET AL. V. NAACP, ET AL
DACA OVERVIEW AND THE SUPREME COURT DECISION
Deferred Action for Childhood Arrivals (DACA) was announced by the Obama administration on June 15, 2012 to provide protection from deportation and a work permit to certain eligible young immigrants for a two-year period, subject to renewal. Nearly 800,000 people have been granted deferred action through the DACA program since its inception. While deferred action granted many benefits through the program, one of the most important is a two-year work permit.
On September 5, 2017, the Trump administration announced the termination of the program which resulted in multiple lawsuits challenging the program’s termination. Several courts hearing these lawsuits ordered U.S. Citizenship and Immigration Services (USCIS) to continue accepting and processing renewal applications while the cases challenging the program’s termination are pending.
Current status of DACA:
In 2017, the Acting Secretary of Homeland Security rescinded DACA, which led to a number of lawsuits across the country challenging the action which reinstated limited DACA measures. The Fourth and the Ninth Circuit Courts of Appeal, along with a number of district courts, have ruled that the decision to rescind DACA was “arbitrary and capricious,” and therefore unlawful. The Ninth Circuit also upheld a nationwide preliminary injunction halting the repeal of DACA. The government has petitioned the Supreme Court to grant certiorari to hear the case but, as of yet, the Court has not made a determination, although their decision is imminent.
USCIS is only accepting initial DACA requests from individuals who previously received DACA and whose DACA expired before Sept. 5, 2016, or whose most recent DACA grant was previously terminated.
For individuals who had previously been granted DACA status (including a work permit): DACA status has remained valid and these individuals have been eligible to renew.
USCIS Stopped accepting first-time DACA applications (that is, applications from people who didn’t already have DACA) as of October 6, 2017.
The Supreme Court in November 2019 heard oral arguments regarding the Trump administration’s attempt to end the DACA policy. Issues: (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
There is a strong likelihood that DACA’s rescindment will be affirmed by the Supreme Court. The Supreme Court's conservative majority signaled in November 2019 their likely decision will end the DACA program. It is anticipated that the Court will likely issue its decision sometime between now and June 2020, with a likelihood of an early spring announcement. The justices could potentially declare that any program like DACA is unlawful, and therefore beyond the power of any future president, however there are several possible outcomes.
THE NATIONAL IMMIGRATION LAW CENTER HAS IDENTIFIED THREE POSSIBLE SCOTUS DECISION OUTCOMES:
The Supreme Court could decide that it was unlawful for the Trump administration to terminate DACA. Therefore, renewals can continue, new applications will be accepted and recipients can also apply for advance parole which means DACA recipients can travel outside the country.
The Supreme Court could rule that they cannot review the administration's decision to terminate DACA. This would mean the courts have no jurisdiction. DACA renewals would no longer be accepted and DACA would expire at the end of the two-year work permit. However, a future administration can choose to reinstate DACA.
The Supreme Court could rule that the Trump administration’s decision was lawful, and it is up to the Trump administration to decide how they will move forward.
Although the exact timing is difficult to predict, there is urgency to prepare in advance, a plan of action and campus response. This plan of action should encompass all populations of DACA recipients on college campuses, including both undocumented DACA students and undocumented DACA employees.
Family Safety Guide for Immigrants
Student leaders from RISE (Rising Immigrant Scholars through Education) worked with allies to develop a “Family Safety Guide for Immigrants” as a tool for undocumented students or students with mixed-status backgrounds to work with loved ones to be prepared in case of detainment. Available in Spanish.
What every employer should know if DACA Ends
This document provides a list of quick facts and implications for employers if DACA ends. Use this a resource to inform yourself and share with your employers.
This resource includes a list of frequently asked questions regarding DACA and employee rights particularly focusing on if DACA work permits expire, are expiring soon, and independent contractors.
Know Your Rights With the Police
This resource outlines the do's and don'ts if you are stopped by the police. This guide is meant to offer some basic advice when interacting with police officers. This list applies to the state of California only. Be sure to consult a lawyer.
Central Coast Coalition for Undocumented Student Success
The Central Coast Coalition for Undocumented Student Success (CCC-USS) is a partnership between educators on the Central Coast who are dedicated to creating and sustaining a system to support undocumented students in our region.
UndocuAlly Working Group
The UndocuAlly Working Group at Cal Poly San Luis Obispo is comprised of faculty, staff, administrators, and students dedicated to creating an UndocuFriendly Cal Poly. The work of the group is guided by the needs and experiences of undocumented students on campus.
Connect with Campus Advocates & Allies
There are advocates at Cal Poly who are here to support you. Many of them are members of the UndocuAlly working group and the Central Coast Coalition for Undocumented Success. You can email and schedule virtual appointment with them.
STATEMENTS OF CAMPUS SUPPORT
- September 5, 2017: Link to ASI President Support Letter
September 7, 2017: Link to Letter from the Spanish Authorization for Bilingual Educators Program in the School of Education at Cal Poly
In July 2017, updates to the Cal Poly University Police Department's "Policy 428: Immigration Status Policy" were approved and implemented. This policy clarifies that:
Primary jurisdiction for enforcement of federal immigration laws concerning unlawful entry into the United States rests with U.S. Immigration and Customs Enforcement (ICE), not with the University Police.
The University Police will not enter into agreements with state or local law enforcement agencies, ICE, or any other federal agency for the enforcement of federal immigration law, except as consistent with California Government Code §§7282 et seq. or as required by law.
Learn more about campus policies and procedures by reading Poly 428 in full. Link to Policy 428: Immigration Status Policy.
The University Police Department will not honor ICE immigration hold requests, unless doing so is consistent with California Government Code § 7282.5 or as required by law.
Individuals will not be contacted, detained, questioned, or arrested solely on the basis of being or suspected of being an undocumented immigrant, except as required by law.