BY: SAMANTHA LORISTON
As the legal battle over the Deferred Action for Childhood Arrivals (DACA) program reaches a critical juncture, DACA recipients and advocates are bracing for a court decision that could dramatically alter the lives of hundreds of thousands of undocumented immigrants. The ongoing case, Texas v. United States, has created widespread uncertainty, but legal experts remain cautiously optimistic that DACA protections may persist for now.
Jesus Perez, Director of the Immigrant Student Success Office, commented on the impact of the legal uncertainty: “It creates a lot of anxiety for our students. Every time there’s mention of DACA ending, it forces them to reflect on what’s to come. This uncertainty is paralyzing.”
As for potential next steps from the Biden administration, advocates are calling for bipartisan legislation to provide a permanent pathway to citizenship for DACA recipients. Though no new DACA applications are currently being accepted, experts are recommending current recipients reapply at least 150 days before their status expires.
A year ago Texas governor Gregg Abbot signed a bill authorizing the arrest and deportation of unauthorized immigrants, and a Texas judge ruled that DACA was illegal. The Biden administration and other groups appealed that decision, and the case is still pending a final decision.
Immigration advocates believe the DACA program will likely remain in place for years, with minimal risk of immediate loss of protections. The Biden administration, however, is not expected to take significant steps on immigration reform until after the November 2024 elections. Though President Biden has expressed support for DACA, no major policy changes are expected soon.
For those considering applying for DACA, experts are urging caution and careful planning. “Anyone interested in applying for DACA should seek legal consultation immediately,”Allan Wernick, founder of Citizenship Now, a free service for immigrants across New York, advised. He noted that there are alternative pathways, such as marriage to a U.S. citizen, which can lead to a green card.
The court’s decision could have far-reaching implications beyond DACA. Regardless of the ruling, the fight for a more permanent immigration reform solution will continue. Advocates, including Wernick, believe the program will remain intact long enough for Congress to address the issue by 2025. If the courts ultimately rule against DACA, some states may focus on providing resources like financial aid or medical care for undocumented residents, but direct legal challenges will likely be ineffective.
The court’s decision, whenever it comes, will force legislators to find a solution. Perez said, “The scariest part is whether DACA will end, but it should push Congress and the White House to come up with a permanent solution, including a pathway to citizenship.”
If DACA ends, the potential consequences are grave. Nearly one million U.S. citizens, including 90,000 spouses and 300,000 children of DACA recipients, could face separation from loved ones.
An estimated 800,000 individuals have benefited from DACA, though enrollment has dropped to around 500,000 due to halted new applications. If the program is terminated, about 100,000 undocumented students graduating annually could lose their protections.
As the 2024 election approaches, immigration remains a central issue for both Democrats and Republicans. Former President Donald Trump has promised to make life more difficult for undocumented immigrants if re-elected, while Vice President Kamala Harris continues to support DACA and comprehensive immigration reform. “As Attorney General of California, U.S. Senator, and now Vice President, I’ve fought to defend and protect DACA,” Harris said in a statement. “As President, I will ensure we live up to our values by fighting to protect Dreamers and urging Congress to pass an earned pathway to citizenship.”
In the meantime, DACA recipients and undocumented immigrants are anxiously awaiting the court’s decision, which could take months and will likely be appealed to the Supreme Court.