A federal court is currently reviewing the DACA program. DACA protects individuals who came to the U.S. as children from deportation. There are approximately 600,000 immigrants in the U.S. who fall under this category.
Since the program began in 2012, there have been a lot of legal challenges. In 2021, a judge ruled that the program is illegal because it didn’t follow the federal Administrative Procedures Act. This decision prevented new applicants from applying to the program. However, individuals currently protected by DACA can maintain their status while the case goes through the appeals process. The appeal is under review.
What Happens Next
In May 2023, a court listened to arguments about whether the program is valid. Although the judge may issue an immediate ruling, it is not likely. Most experts expect the judge to rule in a few months.
If the judge decides DACA is illegal, the case will probably go back to the U.S. Circuit Court of Appeals. Supporters of immigration believe that the Appeals Court hearing may not end until 2024. Regardless of the Circuit Court’s decision, it is expected to be appealed to the U.S. Supreme Court. If the Supreme Court agrees to take the case, it’s likely to be heard in the 2023-2024 session. The court would then likely make their decision in spring 2025. Throughout this process, it is unlikely that individuals will be able to apply to the program. It is unclear whether renewals will be allowed during the legal review.
A Brief History of DACA
Efforts to create a pathway to citizenship for DACA holders and Dreamers faced challenges in Congress when first proposed in 2001. In response, President Obama introduced the DACA program in 2012 through an executive order. DACA allows individuals who came to the U.S. as children to stay. Some DACA recipients entered the U.S. legally, but their families didn’t comply with visa requirements. Others arrived without legal permission. Most DACA holders, who come from different countries, are now in their 20s to 30s. Most live in Texas, New York, and California and have been in the U.S. for over 20 years, according to estimates.
Individuals must be enrolled in high school, have a high school diploma or G.E.D., or have served in the U.S. military to qualify for DACA. Applicants had to be at least 15 years old to apply. Those with a criminal history are not eligible. Individuals must be under 31 years old as of June 15, 2012, arrived in the U.S. before their 16th birthday, and resided continuously in the U.S. since June 15, 2007.
DACA does not provide a pathway to U.S. citizenship or permanent resident status.
Please note neither ILBSG nor any other entity can predict the outcome of the process. The above comments are only possible outcomes based on our understanding of immigration law and similar legal challenges in the past.
We keep a close eye on updates to U.S. immigration law. If you have questions about your legal status or any other immigration-related concerns, please contact us. We stay updated on policy and legal changes to offer tailored guidance for each client’s specific situation and work with them every step of the way.