Recent Attacks on DACA: A Crossroad for Immigrant Futures

A permanent solution to protect children and young immigrants is being demanded now more than ever .The Deferred Action for Childhood Arrivals (DACA) program has served as a vital protection for almost hundreds of thousands of young immigrants within the United States since its establishment in 2012.

While there has always been criticism and backlash around the program, nine republican-controlled states are seeking to deconstruct the program, proclaiming that it interferes with executive authority and leads to financial difficulties. Meanwhile, DACA recipients and allies are mobilizing and emphasizing that the program has kept families together and has been contributing to the U.S. economy.  

The Impact of DACA

DACA has helped more than 834,000 young people since the summer of 2012 by granting work permits and protection from deportation to immigrants who were raised in the U.S. The program has opened doors for immigrants by providing access to benefits such as social security, drivers licenses, credit, health insurance, and educational opportunities. 

The social impact of DACA is evident, many families have been able to stay together due to the legal protection the program provides against deportation. Recipients are even able to raise children with U.S. citizenship. Most importantly, it has established a sense of security and strength among the youth by enabling them to reach opportunities that once seemed unattainable.  As a result, more than 500,000 DACA recipients are now building careers. It is clear the DACA program has become a shield from deportation and a pathway to a future of prosperity and stability for many young immigrants. 

The Latest Challenge to DACA 

The current legal battle stems from a 2021 ruling by Judge Hanen in the Southern Texas District, who claims the program was unlawfully implemented under the Obama Administration. Although this ruling did not terminate the program, it has created barriers for many, including prohibiting new applicants from joining and placing thousands of immigrants in limbo. 

Following this verdict, the Biden Administration filed an appeal in September 2021 over the ruling of a Texas judge that blocks new DACA applicants, and oral arguments were held by the Fifth Circuit Court of Appeals on July 6, 2022. The oral arguments emphasized the devastating consequences that would come with ending the program such as loss of workforce, family separations, and interruptions on educational journeys.

On August 30, 2022, the Biden Administration released a final DACA rule to safeguard the program, but on October 5, 2022, the Fifth Circuit Court ruled that DACA was unlawful on the grounds that the Administrative Procedure Act and the Immigration and Nationality Act were violated and returned the matter to the Texas District Court. In response, the Administration's DACA regulations went into effect on October 31, 2022, strengthening DACA’s legal foundations and preserving the status quo for current recipients. Yet further arguments were made by those who opposed Biden’s Administration DACA rule on June 1, 2023, claiming that the executive branch abused its authority and that the revised DACA policy was the same as the original 2012 memo. 

The Biden Administration filed an appeal on November 9, 2023, after Judge Andrew S. Hanen declared DACA illegal once more on September 13, 2023, determining that it was implemented without following the proper procedures. Seven amici curiae briefs were filed in February 2024 in response to this continuing dispute, highlighting the possible national repercussions of ending DACA. Oral arguments in the Fifth Circuit commenced on October 10, 2024, with Republican-led states arguing that DACA causes financial difficulties, particularly with regard to healthcare and education expenditures. Recipients remain in an unstable situation as they await the Fifth Circuit's ruling on Texas v. United States.

The Call for a Permanent Solution 

The latest challenges to DACA highlight the serious need for a permanent legislative solution and comprehensive immigration reform. DACA advocates argue that the future of those within the program is uncertain due to the ongoing attacks and ultimately they are hanging on a judicial thread. DACA recipients and their families demand permanent solutions to lower the risks of the hundreds of thousands of individuals who have relied on this program for protection and opportunities.

Now is the time for congress to act. A pathway for citizenship for DACA recipients needs to be implemented in order to shield recipients and their families from the persistent threat of deportation. Pushing for a comprehensive immigration policy is not just necessary, it is long overdue. We all have a role to play in advocating and raising awareness to protect DACA recipients. Policymakers, communities, and individuals alike can collectively work towards a future where no one’s stability and opportunities relies on temporary protection.

Image Source: Getty Images