Can Immigrants Still Qualify for the DACA Program in 2021 and Beyond?

 Posted on October 26, 2021 in Immigration

Since 2012, the Deferred Action for Childhood Arrivals program, which is commonly known as DACA, has allowed immigrants who came to the United States as children to remain in the country. However, these immigrants were dealt a major blow recently when a judge in Texas ruled that the DACA program is illegal. Immigrants will need to be sure to understand what this ruling means for them and whether they have options for avoiding deportation.

Effects of the Ruling

The DACA program was put in place by President Barack Obama in 2012, and it applied to immigrants who entered the United States before reaching the age of 16, have lived in the U.S. since 2007, and do not have a lawful immigration status. Those who met the requirements of the program could receive a deferral of any deportation actions for two years, and they would have authorization to work during this time. A person could also apply for renewals and receive additional two-year extensions to their deferral period.

On July 16, 2021, a federal judge in the Southern District of Texas issued a ruling stating that the DACA program is illegal, and a permanent injunction was put in place prohibiting the government from continuing the program. This injunction applies to any new DACA applications, and deferral cannot be granted for any applications received by U.S. Citizenship and Immigration Services (USCIS) after the date of the ruling. The federal government has stated that it intends to appeal this ruling. New DACA applications may be submitted, but deferrals or employment authorization cannot be granted to those who had not previously received DACA protections.

The judge also recognized that there are hundreds of thousands of immigrants who have come to rely on the DACA program, and it would not be fair to suddenly terminate the protections these immigrants have received. Because of this, deferrals that have already been granted will remain in effect, and immigration officials cannot take any actions against these immigrants that would not have been taken otherwise. Renewals may also continue to be granted for those who have received deferrals.

Contact Our Wake County DACA Lawyers

If you have questions about your options following these changes to the DACA program, Vasquez Law Firm, PLLC can help you understand how the ruling will apply in your situation. If you have previously received DACA protections, we can help ensure that you will be able to receive a renewal. If you have not previously applied for DACA, we can advise you on whether filing a new application may be beneficial or whether you have other options for defending against deportation. To get experienced and dedicated legal help with your case, contact our Raleigh immigration attorneys at 1-844-YO-PELEO and schedule a free consultation. Hablamos español.

Sources:

https://www.uscis.gov/DACA

https://www.uscis.gov/sites/default/files/document/legal-docs/Texas%20II%20Dkt.%20576%20Injunction.pdf