Supreme Court takes no action on DACA case; signals no decision this term

The Supreme Court took no action Tuesday on a case involving the Obama-era DACA program, leaving legal experts to conclude that the matter won’t be decided before the end of this term in June.

While the justices could still surprise, analysts said that based on the past few years, this week’s announcements of cases are likely to be the last ones heard this term.

“While it is very difficult to read Supreme Court tea leaves, at least in the past four completed terms, the Court has finalized its current-term argument slate right after concluding its third conference, but it also has waited until January 23 to accept a case for its current term,” the National Constitution Center wrote in one analysis.

Without action, that leaves the DACA program up and running, with some 700,000 illegal immigrant “Dreamers” able to renew their status — though no new people are able to apply for the program.

Courts in New York, California, Texas, Maryland and Washington, D.C., have issued conflicting rulings on the legality of the 2012 program, which President Obama declared by executive action, and on President Trump’s 2017 effort to phase out DACA.

For now, the courts have left the program up and running as the appeals play out.

Immigrant-rights activists, who had feared a major legal blow with the justices, praised the court for not hearing the case right now.

“DACA remains a vital program that has enriched the lives of countless recipients, as well as the American economy and society as a whole,” said Tom Jawetz, vice president of immigration policy at the liberal Center for American Progress.

He urged those already protected by DACA to renew their status so their protections are kept in place. And he said Congress should approve legislation to grant them a full pathway to citizenship.

Mr. Trump had said he wanted to hold off on any legislative deal-making on DACA until after the high court rules.

But he reversed himself over the weekend, announcing a plan that would grant a tentative legal status, written into the law, for people currently here under DACA.

That’s far less than what Democrats are seeking, though it’s more than conservative activists in the president’s camp are ready to support.