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1 1 (November 14, 2018)

handle is hein.crs/govyxl0001 and id is 1 raw text is: Congressional ______ *.Research Service DACA: Litigation Status Update November 14, 2018 This Legal Sidebar provides a status update for various lawsuits concerning the Deferred Action for Childhood Arrivals initiative (DACA) and the decision by the Department of Homeland Security (DHS) to rescind that initiative. * As things currently stand under federal court orders in three cases, DHS must process applications for DACA relief from individuals who have obtained DACA relief in the past, but not from individuals who would be first-time DACA enrollees. * This status quo likely will remain in place at least until the Supreme Court issues a decision in one of the cases. The High Court has yet to grant review in any of the three cases. Assuming the Court does grant review in at least one case, it probably would not issue a definitive ruling until late spring or early summer of 2019 at the earliest. An earlier Legal Sidebar analyzed some of the primary legal issues in the lawsuits. Future CRS products may supplement that analysis to address subsequent court decisions and other legal developments. Litigation Overview On September 5, 2017, the Department of Homeland Security (DHS) issued a memorandum announcing its decision to rescind DACA, which the Obama Administration implemented in 2012 to provide temporary relief from removal and work authorization, among other benefits, to certain unlawfully present aliens who arrived in the United States as children. As justification for the rescission, DHS relied upon a letter from then-Attorney General Sessions concluding that DACA was illegal-specifically, that it lacked proper statutory authority, was an unconstitutional exercise of authority by the Executive Branch, and would likely be enjoined in potentially imminent litigation. Following this announcement, litigation ensued at cross purposes. DACA recipients and other parties, including states and universities, filed lawsuits in four federal district courts challenging the rescission as unlawful. Two of those district courts have issued nationwide preliminary injunctions that currently require DHS to continue processing applications for DACA relief from individuals who have obtained DACA relief in the past (renewal applicants), but not applications from individuals who would be first- time DACA enrollees. The U.S. Court of Appeals for the Ninth Circuit upheld one of those injunctions on November 8, 2018; the government's appeal of the other injunction is pending before the Second Circuit. The order of a third district court would require DHS to process both first-time and renewal applications Congressional Research Service https://crsreports.congress.gov LSB10216 CRS INSIGHT Prepared for Members and Committees of Congress

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