The Future of DACA
For years, DACA recipients and those eligible for DACA have lived in a state of precariousness as we wait for the future of DACA to be decided by the increasingly conservative courts.
This Fall, on September 13, Judge Hanen from the Southern District of Texas again found the DACA program to be unlawful, though his ruling kept the 2021 injunction in place, which means that, for now, a part of DACA remains intact. While this was a callous and preposterous decision, the fact is that it didn’t substantively change the outlook for DACA applicants in the near term. Current DACA recipients maintain their DACA and can renew it and request advance parole, but no initial applications for DACA will receive a decision. USCIS is blocked from deciding any pending and new applications for DACA due to the 2021 injunction, which means that people who no longer have DACA or who never had DACA in the first place are stuck until a court decision says otherwise.
On November 10, 2023, the United States filed an appeal, and the case is now headed to the Fifth Circuit. Currently, there are no deadlines or hearings set yet. As we learn more, we will keep our community informed.
So what should you do in the wake of all of this?
We encourage all undocumented individuals, whether they have DACA or have applied for DACA, to speak to a trusted and experienced immigration attorney to see if they are eligible for any type of permanent status.
ILD attorneys are encouraging all DACA recipients up for renewal to submit their applications on time, at least 6 months before the expiration date and up to a year before.
We are also encouraging anyone planning to travel on Advance Parole to do it now rather than later since we can’t predict exactly what lies ahead.
And finally, we’re encouraging everyone to get politically involved to help move the needle for immigrants with unstable status. Join your campus chapter of United We Dream. If you can march, march for these rights. If you can vote, vote – in local, state, and national elections.
The truth is that things don’t look great for the long-term future of DACA, but we’ve known this for quite some time. DACA was only ever meant to be temporary as we fought for something more comprehensive and stable. And that’s what activists, progressive lawmakers, and lobbyists are continuing to do: working to secure something beyond DACA, which, after all, only offers a temporary reprieve for its recipients.
Follow ILD on Instagram and Twitter for more updates, including news on upcoming webinars where you can learn more and get your questions answered.
Onward. We’re fighting for you and with you.
