In a significant victory for immigrants' rights, the U.S Supreme Court blocked the Trump Administration's attempt to rescind the Deferred Action for Childhood Arrivals (DACA) program. The Court's surprising 6-3 decision found the administration failed to provide legally sufficient reasons for ending the program under the Administrative Procedure Act.
While the Court's decision in Department of Homeland Security v. Regents of University of California (Regents) acknowledges the Administration can end DACA if it provides a sufficient reason, many legal and political experts agree that it will be very difficult to do so before the November 6th presidential election. As such, current DACA recipients can continue renewing their status. Unfortunately, the decision does not require the government to accept new applications from individuals, but immigrants and civil rights groups may seek that process from the lower courts in the following weeks.
The Regents ruling follows other major legal victories for DACA recipients (secured by Outten & Golden LLP and co-counsel such as MALDEF and Justice Catalyst Law) including:
- A federal court decision denying Procter & Gamble summary judgment on a class action challenge to its refusal to hire DACA recipients;
- A landmark settlement with Wells Fargo of up to $19.6 million to resolve lending discrimination claims, including the bank's agreement to change its lending policies to make DACA recipients eligible for consumer credit and loans on the same terms as U.S. citizens; and
- Settlement of allegations that Northwestern Mutual unlawfully rejected qualified non-U.S. citizen job candidates without permanent resident visas.
Our Fight for Dreamers Continues
Because of these recent developments, the law is even clearer that if you have DACA status (or other immigration standing that give you protection from deportation, work authorization, and Social Security numbers, like Temporary Protected Status and visas), companies cannot discriminate against you in employment, lending, housing, retail, or any other contract for goods or services.
Outten & Golden has been a leader in representing DACA recipients and other non-citizens in anti-discrimination claims. If you have faced this type of mistreatment, please contact us today to discuss your situation.