On October 10, 2024, the Fifth Circuit Court of Appeals convened to discuss the Obama-era Deferred Action for Childhood Arrivals (DACA) program, particularly whether the Biden administration could have legally codified the program in their 2021 executive order.
What is DACA?
The DACA program, enacted in 2012, was created to delay the deportation of individuals whose parents brought them to the country as children, allowing the children (often referred to as “Dreamers”) to continue to live and work in the country.
Legal Challenges to the Program
The DACA program has faced years of legal uncertainty which is still yet to be resolved. Upon succeeding Obama, Trump sought to end the program in 2017 which was denied by the courts.
The Trump administration was able to successfully pause new admissions into the program and reduce the renewability time frame. This decision faced many legal setbacks and in December 2020, a judge ruled that the Trump administration must continue accepting DACA program applications.
Upon his admission into office, President Joseph Biden Jr. reinstated DACA on January 20, 2021, by signing an executive order. To date, DACA has been in full restoration, with a Supreme Court ruling that the policy should remain implemented the same way as it was in 2012 which allowed undocumented immigrants to receive DACA program benefits.
What is at Stake?
A key element of the appeals court hearing is whether a Texas-led lawsuit has standing and whether such a ruling can be rolled out nationally. The lawsuit alleged economic harm from the program due to the federal spending for healthcare and education of enrolled Dreamers. In September 2023, a lower court ruled in favor of Texas, finding the program unlawful. The 2024 hearing of the Court of Appeals will either uphold the 2023 decision against the continuation of DACA or solidify the federal court’s decision to uphold the program.
At this time nearly half a million “Dreamers” are in limbo.
Contact a DACA Attorney
Dreamers have faced a long history of challenges to their presence in the U.S. The uncertainty of the process can be extremely overwhelming, but you are not alone.
Reeves Immigration Law Group is dedicated to serving our immigration communities and providing the best possible legal support for the most sensitive matters. Our DACA lawyers regularly assist Dreamers with renewals and can guide them through other legal pathways available to them. We are up to date with the latest regulations and will work tirelessly to find a solution to satisfy our clients’ immigration goals.
Contact our DACA lawyers today to discuss how this looming ruling may impact you and how to protect your rights in the meantime.
