The Deferred Action for Childhood Arrivals (DACA) program is under consideration in federal court. DACA protects individuals who arrived in the U.S. as children from deportation. There are nearly 600,000 immigrants in this category in the U.S. currently. This DACA update considers theoretical outcomes with no known outcome as of yet.
There has been much debate over the legality of the program since its establishment in 2012. In the most recent legal review, a District Court judge found the program illegal in 2021, due to non-compliance with the federal Administrative Procedures Act. This blocked new applicants from applying to the program. The ruling allows for immigrants currently protected by the program to keep their status while the case goes through the appeals process. The appeal is now under review.
What’s Next
A District Court heard arguments over the validity of the program in May 2023. Although the judge has the option to rule immediately, it is not considered likely. Most estimate a few months wait for the judge’s decision.
If the judge finds DACA illegal, the matter will likely return to the U.S. Circuit Court of Appeals. Many immigration advocates estimate the hearing will not likely be completed until 2024. Regardless of the Circuit Court’s decision, the finding is expected to be appealed to the U.S. Supreme Court. If accepted, the Court will likely not hear the matter until the 2023-2024 session with a decision in spring 2025, per immigration advocates. During this process, it is not likely individuals will be able to apply to the program. Whether or not renewals will continue during the legal review remains in question.
Brief History of DACA
Legislation meant to offer a pathway to citizenship for DACA holders and Dreamers stalled in Congress when originally introduced, back in 2001. In response, President Obama enacted the DACA program by executive order in 2012. DACA offers individuals who arrived in the U.S. as children to remain in the U.S. Some DACA holders came to the U.S. with a legal basis, but their families did not remain in compliance with their visas. Others arrived in the U.S. without a legal basis. The majority of DACA holders are now in their early 20s to late 30s and come from around the world. Most DACA holders live in Texas, New York, and California and have lived in the U.S. for over 20 years, it is estimated.
To qualify for DACA, individuals must be enrolled in high school, have a diploma or G.E.D., or served in the U.S. military. Individuals were not able to apply to the program before reaching 15 years of age. If the individual has a criminal history, they are not eligible for DACA. Individuals must be under 31 as of June 15, 2012, have arrived in the U.S. prior to their 16th birthday, and lived in the U.S. continuously since June 15, 2007.
DACA does not offer a pathway to U.S. citizenship or permanent residence status.
It’s important to note that these comments about the DACA update are theoretical and ILBSG, nor any entity, knows the outcome of the process. These are merely possible outcomes based on an understanding of immigration law and the history of similar legal challenges.
ILBSG continues to actively monitor ongoing updates to U.S. immigration law. If you have questions about your legal status or any other U.S. immigration status, contact us at ILBSG. We actively monitor ongoing policy and legal actions to ensure our clients get the right advice for their individual situations.