DACA Remains in Place Under Supreme Court Decision

June 18, 2020

Members of the Rutgers Community:

As you may have learned, the U.S. Supreme Court today issued a decision blocking the Trump administration's effort to reverse the Deferred Action for Childhood Arrivals (DACA) program.

I know this is a relief to our DACA students, their families, and the community here at Rutgers. 

The decision was based largely on procedural grounds; it did not address the validity of the program itself.  Chief Justice Roberts wrote the majority opinion and stated:

We do not decide whether DACA or its rescission are sound policies. We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients.

As Chief Justice Roberts noted, the Department of Homeland Security could make another attempt at rescinding the program. Of course, should that happen, I would envision another lengthy court battle before any changes would be made. Please know that we will remain vigilant in standing with and supporting all the members of our community regardless of their immigration status or circumstances.

As a reminder: we have created over the past several years a robust infrastructure to support undocumented students in which each chancellor has developed appropriate resources. I strongly encourage students who may need these resources for themselves or family members to use them, and ask that faculty and staff refer students to these resources as needed.

Let me also reiterate that Rutgers will continue to employ admissions policies that do not consider immigration status and will continue to protect the privacy of all our students. The University will not provide student records to anyone unless required by a warrant, subpoena, or court order, and we will continue to offer support and legal guidance to any student who seeks it.

Rutgers has been a strong voice of support for all our students, including undocumented students, and I am confident that the University will continue in that leadership role.

Sincerely,

Robert Barchi