The Uncertain Future of DACA: What You Need to Know
With the recent election and increasing uncertainty surrounding immigration policies, Deferred Action for Childhood Arrivals (DACA) is at a critical juncture. As a program created through executive action, DACA is particularly vulnerable to elimination. Former President Trump attempted to end it during his first term, triggering a wave of lawsuits that have now worked their way through the court system. Currently, all eyes are on the 5th Circuit Court of Appeals, where a decision is expected soon. Here’s what you need to know.
Why DACA Is at Risk
DACA was established in 2012 by executive action, granting temporary protection from deportation and work authorization to individuals who came to the U.S. as children and meet specific criteria. Unlike legislation passed by Congress, executive actions are more susceptible to being reversed by subsequent administrations or challenged in court.
Trump’s administration sought to rescind DACA in 2017, arguing that the program was unlawfully created. This sparked years of legal battles, culminating in the Supreme Court temporarily halting its termination in 2020, citing procedural flaws. However, the legal challenges continued, and now the case has landed at the conservative-leaning 5th Circuit Court of Appeals.
What’s Happening in the Courts Now?
The 5th Circuit’s Role: The 5th Circuit, based in New Orleans, is one of the most conservative appellate courts in the country. It heard oral arguments earlier this year on the legality of DACA. Legal experts predict that the court will likely rule against the program.
The Supreme Court’s Role: If the 5th Circuit rules to end DACA, the case will almost certainly be appealed to the Supreme Court. However, the Supreme Court may decide not to hear the case, which would leave the 5th Circuit’s decision as the final word. If the Court agrees to take up the case, it could extend the uncertainty for months or even years.
What Could Happen to DACA Recipients?
If DACA is ultimately struck down:
Current DACA Protections Could End: Existing recipients may lose their work permits and protections from deportation.
No New Applications Would Be Allowed: Those who meet the criteria for DACA but have not yet applied would be permanently barred from accessing the program.
Increased Vulnerability to Deportation: Hundreds of thousands of individuals who have built their lives in the U.S. under DACA could face heightened risks of removal.
What Should DACA Recipients Do Now?
While the future of DACA remains uncertain, there are proactive steps recipients can take to prepare:
Renew Your DACA Status Immediately: If your current DACA status is set to expire within the next year, submit your renewal application as soon as possible.
Gather Important Documents: Keep records of your presence in the U.S., work history, and other evidence that could support future immigration options.
Explore Other Legal Options: Consult with an immigration attorney to determine whether you qualify for other forms of relief, such as family-based petitions, adjustment of status, or humanitarian programs.
Stay Informed: Monitor developments in the court case and any policy changes that could impact your status.
How We Can Help
At the Law Office of Rosemary Vega, we understand how deeply the uncertainty surrounding DACA affects individuals, families, and communities. Our team is here to help you navigate this challenging time with personalized legal guidance and support.
Whether you need assistance with DACA renewals, exploring alternative immigration options, or understanding your rights, we’re ready to stand by your side. Don’t wait until it’s too late to take action.
Contact us today at 713-984-4911 or schedule a consultation online.
The future of DACA may be uncertain, but you don’t have to face it alone. Let us help you prepare for whatever lies ahead.
