Last Friday, a federal judge in Texas declared the Deferred Action for Childhood Arrivals (DACA) program created under the Obama administration as unlawful. The new ruling allows existing DACA recipients to continue to live and work in the United States without fear of deportation but prevents the federal government from considering and approving new applications. According to legal experts, even if a DACA application was submitted prior to the ruling on Friday, it can no longer be approved.
Dreamers, young immigrants brought to the country as children, have faced an uncertain future ever since the Trump administration unsuccessfully attempted to rescind DACA in 2017. The latest ruling will likely be appealed by the Biden administration and other interested parties, but the chances of a successful appeal are in doubt. The appeal would be heard by the 5th US Circuit Court of Appeals, which has been fairly hostile to immigration rights in recent years. The US Supreme Court has previously ruled that the Trump administration’s attempt to end the program was improper, but has not ruled on the legality of the program itself. Three of the current Supreme Court Justices have previously called DACA illegal in court filings.
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DACA recipients have been on a roller coaster over the past few years, never knowing if the program will end. DACA allows Dreamers to pursue educations, careers, and a life in America. Should the program end, the lives of DACA recipients would face extreme upheaval. So too would their schools, employers, and family, many of whom are United States citizens. Congressional action is expected to address the plight of Dreamers, but it is yet unknown what that action will look like or whether it will be successful.
Even with the challenges facing DACA right now, it is recommended that current DACA recipients renew their status as soon as they can. The Law Offices of Scott Warmuth can help DACA recipients renew their status. Call our immigration team today at 888-517-9888 for a free consultation.