In a recent legal development that has left current and former DACA (Deferred Action for Childhood Arrivals) recipients feeling a sense of déjà vu, a federal judge in Texas has once again ruled against the DACA program. This program has allowed eligible undocumented young adults, who arrived in the U.S. as children, to work and study without the constant fear of deportation. The ruling, delivered by U.S. District Judge Andrew Hanen, dealt a blow to the Biden administration’s efforts to solidify the Obama-era program as a federal regulation.
The impact of this ruling has sparked concerns among DACA recipients, advocacy groups, and those following immigration news closely. Here, we break down four crucial aspects of the situation:
1. The Legal Status of DACA:
Technically, the recent ruling deems DACA illegal. However, it’s important to note that DACA has not come to an end. While the approximately 580,000 current recipients can continue to renew their DACA status every two years, the program remains closed for new applicants. Judge Hanen has refrained from fully terminating DACA, allowing renewal applications to proceed while the case remains under appeal.
2. DACA Recipients’ Status:
DACA recipients will maintain their status as long as they renew their DACA status in a timely manner. Current recipients, as well as those whose DACA status expired less than a year ago, can continue to renew it every two years. However, those who miss this renewal window would only be able to reapply as new applicants, a process that is currently not permitted.
3. Who’s Left Out:
Approximately 400,000 people, who would have been eligible to apply for DACA for the first time, have been left without access to the program since 2021. This group includes nearly 93,000 first-time applicants who had submitted the necessary paperwork and fees shortly before Judge Hanen closed the program for new applicants. The economic contributions of DACA recipients, totaling $108 billion to the economy and $33 billion in combined taxes, have been noteworthy.
4. What Happens Next:
Judge Hanen’s ruling is expected to be appealed to the Supreme Court, marking the third time DACA has been brought before the nation’s highest court. While the appeals process timeline remains uncertain, DACA recipients and advocates continue to push for a permanent solution. Efforts are underway to provide a pathway to citizenship for DACA recipients through bills introduced in Congress.
Sen. Alex Padilla introduced a bill in July that could offer permanent residency, or green cards, to over 8 million noncitizens. A House version of the bill has also been introduced. Additionally, Rep. Sylvia Garcia’s bill seeks to provide a pathway to citizenship for DACA recipients and other immigrants with various immigration protections.
As the legal battle unfolds, the fate of DACA recipients remains uncertain. They have been living in the U.S. for an extended period, contributing to their communities and the economy. It is essential to recognize their contributions and provide a permanent solution that reflects their importance to the nation.
The average age of DACA recipients is increasing, and many are now parents to U.S. citizen children. The fear of family separation looms large, reminding us of the urgent need for comprehensive immigration reform that recognizes the humanity, contributions, and deep roots of DACA recipients in the United States.
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