The Deferred Action for Childhood Arrivals, or DACA, program is an Obama-era program that provided protection against deportation for over 700,000 immigrants who were brought to the U.S. as children. To be eligible for the program, immigrant children had to be under the age of 16 and arrive in the U.S. prior to June 15, 2007. DACA recipients, often referred to as “Dreamers,” can receive work permits after undergoing security background checks and providing proof of completing high school or being currently enrolled in school. Advocates of the program coined the term “Dreamers” after the proposed bill entitled the DREAM Act (Development, Relief, and Education for Alien Minors) stalled in Congress before becoming law.
Trump Administration Moves to End DACA
The Trump administration took action to end the DACA program, concluding that it violated federal law. Federal courts in San Francisco, New York, and Washington, however, blocked the administration’s efforts to end DACA. In November 2018, a panel of the U.S. Court of Appeals for the Ninth Circuit upheld the federal district judge’s ruling. That ruling imposed a nationwide injunction that allows current DACA recipients to renew their work authorization but does not allow new applications.
DACA Expected to Remain in Place for Existing Participants at Least Through 2019
Despite the Trump Administration’s requests to the U.S. Supreme Court, the high Court did not address any aspect of the DACA program in January 2019. As a result, it is highly unlikely that the U.S. Supreme Court will take any action with respect to DACA before the end of its current term in June.
By default, the federal district court injunction will remain in effect for at least another ten months. The U.S. Supreme Court’s next term does not start until October 2019. Even if the court immediately considered the legality of the DACA program at the beginning of the term, it likely still would be a few months before the Supreme Court would issue a ruling. While there can be no new applicants accepted to the DACA program, renewal applications are still permissible – at least for now.
Due to this uncertainly, DACA recipients can do little more than continue along their current paths. We recommend that current DACA holders renew their DACA work authorization if it expires within the next six months. DACA recipients and immigration advocates also hope that a change in administration or passage of federal legislation eventually will protect the Dreamers.
Call Us at World One Law Group for the Help You Need
The attorneys and staff of World One Law Group pride themselves on dedicating their services to assisting individual immigrants, families, businesses, and employers with their immigration-law related matters. We have the knowledge and skills needed to navigate the ever-changing and increasingly complicated U.S. immigration system. Contact us by telephone at (425) 250-8110 or email at email@example.com for help with all your immigration law-related needs.
The First Day of H-1B Cap Lottery for 2020
April 1 2019, was the first day of the new H-1B cap season. Unfortunately, we expect that all H-1B visas for the entire year will be gone by April 5, 2019. Congress authorized only 65,000 H-1B visas for the entire country for the entire year. For those with a master's or higher degree from an American university, there are an additional 20,000 visas available. Read More
Karol Brown is the managing attorney at World One Law Group in Bellevue, Washington. World One specializes in employment and business immigration, family-based immigration, naturalization, as well as asylum, DACA, VAWA, and U-Visa cases.