On February 22, 2018, the Supreme Court declined to take up one of the key DACA cases before it has worked its way through the lower courts of appeals. The Trump administration had requested that the Supreme Court take the unusual step of permitting their appeal of a January 9, 2018 federal judge ruling, requiring the government to keep DACA open for renewals, to bypass the lower courts of appeals and proceed directly to the Supreme Court. Currently, because of the January 9th order, the Department of Homeland Security must continue to accept renewal applications for the program. The Department is not, however, required to accept applications from individuals who have never applied for DACA benefits before.
The Supreme Court’s decision to allow the appeal to move forward on its normal course through the lower appeal courts means that Congress will have more time to take action and pass legislation that will offer a permanent solution. Meanwhile, the federal court injunctions allowing the program to continue while the appeals are heard, mean that DACA recipients will continue to be able to apply for renewals of their work permits until the appeals are resolved.
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