The never-ending legal battle against DACA

DACA (Deferred Action for Childhood Arrivals) is a deportation relief program initially implemented by the Obama administration in 2012, which protects young immigrants who came to the US as children, known as Dreamers.

This program offers amnesty to eligible Dreamers for two years with the possibility of extension and allows them access multiple social benefits without being at risk of deportation.

However, from 2017 to early 2021, the Trump administration used all resources at its disposal to eradicate DACA from benefits available to immigrant communities in the US, arguing that offering legal means to undocumented immigrants is against the nation’s constitution.

As a result, former President Trump tried to remove DACA on multiple occasions and the controversy grew so heated that it reached the Supreme Court, which ruled in favor of DACA in June 2020.

However, DACA was already in the midst of another legal process to determine whether it met the mandatory requirements to be an immigration benefit. Unfortunately for Dreamers, the judge in charge of the case (from the Southern District of Texas) stated that DACA was illegitimately implemented and ordered the immediate suspension of new applications, leaving hundreds of thousands of eligible immigrants in limbo.

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Biden’s intent to preserve DACA

The Biden administration released a Notice of Proposed Rulemaking on September 27, which seeks to recreate DACA from scratch to follow regular protocols and implement it lawfully, following the Texas judge’s ruling.

This time around, the Biden administration hopes to receive feedback from the American public – the step the Obama administration missed in 2012.

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Would saving DACA be a permanent solution?

If the Biden administration succeeds in saving DACA through the new Notice of Proposed Rulemaking, that would be a huge victory for DACA recipients and young immigrants eligible to apply for this program.

However, the reality is that it would continue to be a temporary solution as DACA is a deportation relief program, but it offers no lasting or permanent alternatives for Dreamers, the vast majority of whom have lived and resided in the US for as long as they can remember.

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Only Congress could offer a permanent solution to Dreamers

The Biden administration is aware that saving DACA would only be a temporary protection for Dreamers and that the real solution would be to introduce immigration legislation to open a path to citizenship with the help of Congress.

In fact, at the time of publishing the Notice of Proposed Rulemaking to legitimately reimplement DACA, the DHS Secretary stated, “However, only Congress can provide permanent protection”.

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Follow legal processes and your future will always be protected!

If you, a family member, or a friend need help with an immigration case, then feel free to contact Motion Law Immigration today and schedule a FREE Consultation with one of our expert immigration attorneys. Our team will be happy to guide you through your immigration journey in the US.

Please contact Motion Law Immigration today at: (202) 918-1799.