What is happening with DACA? 

The Deferred Action for Childhood Arrivals (DACA) program faces another major legal challenge, marking a six-year battle for its survival. In October 2024, the Fifth Circuit U.S. Court of Appeals in New Orleans heard crucial arguments challenging the legality of DACA, which protects more than 500,000 undocumented young people who came to the U.S. as children. For these young people, DACA provides temporary protection from deportation and access to work authorization, allowing them to contribute to the U.S. economy and society.

This hearing was initiated by Texas, which argues that DACA imposes financial burdens on the state due to the costs associated with health care and education. Texas Attorney General Ken Paxton argues that the program should end to alleviate these expenses, stating that many DACA recipients would leave the country if DACA were eliminated. Meanwhile, the Biden administration defends DACA, arguing that Texas has no basis to sue and calling for protections for current recipients to be maintained, even if acceptance of new applications continues to be halted.

The consequences will extend to the U.S. economy and U.S. citizens

The risk is high, with potential knock-on effects for families, communities, and the economy if DACA is eliminated. Estimates suggest that ending the program could result in a GDP loss of $460.3 billion and eliminate 685,000 workers over the next two years, with turnover costs for employers exceeding $3.4 billion. Many DACA recipients, now in their 30s, are deeply integrated into American society, such as homeowners, entrepreneurs, and parents of U.S. citizen children. If DACA is revoked, more than a million citizens could see their families torn apart by deportation. Approximately 13,000 U.S. citizen children would see a parent at risk of deportation to a country they don’t even remember, which could destroy families and cause irreparable harm.

What DACA recipients should do now to protect their status 

With the future of DACA uncertain, it is critical that Dreamers take proactive steps now. DACA recipients should:

1. Explore pathways to obtaining a green card leading to permanent residency. These can include options such as family sponsorship, humanitarian visas, employment-based sponsorship, and even TPS. Many of these options can be done through a self-petition and without the need for a dedicated sponsor for the applicant.
2. Consider renewing your DACA status as soon as possible to maximize the time you have under the program’s protections. It is also advisable to gather and maintain important documents, such as proof of residence, employment records, and any ties to the community, that could support future applications or relief options.
3. Consult with an immigration attorney who specializes in pathways to legal residency even in complicated cases. Legal guidance is crucial due to the complexities surrounding the current DACA situation. Many firms, such as Eagan Immigration, have found ways for people to secure their green cards in these types of cases.

What can we expect in the coming months for DACA? 

The U.S. Court of Appeals’ Fifth Circuit is expected to issue a ruling in late spring or early summer 2025. If the court rules against DACA again, the decision will likely be appealed to the U.S. Supreme Court, where the legality of DACA has yet to be defined. The debate over the program continues, and with it, the call for immigration reform that provides a permanent solution for Dreamers and their families.

As we await the court’s decision, it is essential that DACA recipients stay informed and prepared, and that advocates and allies continue to push for a legislative solution that gives Dreamers the permanent stability they deserve.