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DACA in the courts again

On Behalf of | Oct 3, 2023 | Immigration Law

In 2012, the Obama administration, of which Biden was vice-president, created the DACA program, which stands for Deferred Action for Childhood Arrivals.

The aim was to give those who had arrived in the country as undocumented children the right to study, work and live in the U.S. without the threat of deportation. It was not permanent, as they had to renew every two years, but it was a path of hope for those for whom the U.S. was now home.

Political back-and-forth then followed

The Trump administration halted DACA in 2017, only for the Supreme Court to rule in 2020 that they did so unlawfully. Several states then sought to challenge the entire program, claiming it was too much of a burden on them and in 2021, a Texas district court ruled the program unlawful. 

Naturally, this ended up back in the U.S. Supreme Court, with the Biden administration taking new measures to try and ensure the program’s legality. The Supreme Court decided to return the matter to the Texas District Court, where it again ended up this month – September 2023.

The judge again ruled that it was unlawful, but he did allow those already protected under it to retain their protection for the time being. No new applications are to be allowed, however.

So, it is still up in the air

The ruling is likely to see further appeals, but for the moment, it is bad news for anyone who was hoping to register under the scheme, and it is yet more uncertainty for anyone already in it.

Immigration law can change fast, so it is wise to stay alert for any updates that could offer you hope for the future.