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