From Samantha Howland Zelaya <[email protected]>
Subject Everything you wanted to know about DACA’s legal status
Date April 22, 2022 8:16 PM
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Dreamers deserve a permanent solution
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Dear John, 

It's been 10 years since President Obama established Deferred Action
for Childhood Arrivals (DACA). 

Established in 2012, DACA aims to protect qualifying young undocumented
immigrants who came to the U.S. as children, commonly referred to as
"Dreamers." DACA recipients are temporarily shielded from deportation,
provided work authorization, able to lawfully obtain a Social Security
number, state identification, and driver's licenses - with the
possibility to renew every two years.  

DACA has opened up doors for countless Dreamers - but unfortunately,
even after 10 years of the program, Dreamers continue to live in
perpetual legal limbo. Because the program was created via executive
action and not congressional legislation, DACA could be revoked by
further executive action, and is subject to legal challenges - with
recent court decisions rendering its future uncertain.  

DACA recipients and those who are DACA-eligible are left in limbo,
lacking legal status or a pathway to permanent residency and
citizenship. 

Read our resource on the current state of DACA

and take action to urge Congress to pass a permanent solution for
Dreamers.  

Despite some legal victories that allowed the DACA program to stay in
place throughout the Trump presidency, recipients currently face a more
uncertain future than ever after an adverse decision from Judge Andrew
Hanen, who issued a ruling holding DACA to be unlawful, but with a
temporary stay that allows current recipients to continue to renew their
temporary status - for now.  

Although President Biden has called on the Department of Homeland
Security to take all actions necessary to "preserve and fortify DACA"
via notice and comment rulemaking and has appealed Judge Hanen's
ruling, Dreamers are not out of limbo yet.  

With the Fifth Circuit likely to uphold key elements of Hanen's
ruling on appeal, it is likely the case will proceed to the Supreme
Court leaving DACA in an incredibly precarious position. Even with the
Biden administration's upcoming issuance of a final rule to address
Judge Hanen's objections to the process used to create the policy in
2012, it is possible that the rule will not satisfy Judge Hanen's
substantive objections.  

Ultimately, the solution lies with Congress. In the absence of
congressional action, DACA recipients stand to potentially lose work
authorization and possibly their protections from deportation if the
policy ends. Permanent status for Dreamers is supported across the
political spectrum and is a solid, common-sense policy. Congressional
action is needed to provide permanent status for DACA recipients and
other Dreamers. With the consistent attacks on DACA in the courts,
Congress needs to step up and provide a legislative solution. 

Read more about the current status of DACA
,
and urge Congress to act to provide a legislative solution for Dreamers.
 

Dreamers are important members of our communities. They went to school
in the United States, work in the United States, and many of them own
homes in the United States. Dreamers are our friends, neighbors, and
colleagues. They deserve to be able to continue to stay in the United
States, with a clear path to legal status and citizenship. Learn more
about the current challenges the DACA program faces

and urge Congress to Act.  

Thank you for all you do for Dreamers in your communities,  

Samantha Howland Zelaya

**Assistant Vice President of Policy & Advocacy**

**National Immigration Forum**

 

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