What is DACA?
Deferred Action for Childhood Arrivals (DACA) is an administrative relief that provides temporary protection from deportation and work authorization to certain undocumented individuals who were brought to the country as children, often referred to as "Dreamers."
Although DACA does not confer official legal status or a direct path to citizenship, it does enable individuals to apply for a driver's license, social security number, and work permit.
What is the Current Status of DACA?
On October 31, 2022, the Department of Homeland Security’s final rule on DACA went into effect. Under the final rule, current DACA recipients can continue to renew their status without any changes. Their ability to maintain DACA protections remains unaffected.
However, the U.S. Court of Appeals for the Fifth Circuit affirmed a decision made on July 16, 2021, by the U.S. District Court for the Southern District of Texas declaring the 2012 DACA policy unlawful.
The Fifth Circuit maintained the partial stay granted by the district court and remanded the case back to the district court for additional proceedings regarding the new DACA rule. Subsequently, on October 14, 2022, the U.S. District Court for the Southern District of Texas extended its injunction and partial stay to encompass the DACA final rule.
Due to the July 2021 court ruling and the decision made by the Fifth Circuit, new applicants are unable to apply for the DACA program, as the ruling has temporarily halted the acceptance of new applications.
Things to Keep in Mind
As mentioned, existing DACA recipients will still be able to renew their status if they were granted DACA before the court decision on July 16, 2021.
If your DACA is still valid, you have the option to renew your status. Additionally, you can apply for and obtain advance parole.
New applicants may submit a request for DACA, however, the U.S. Citizenship and Immigration Services will not grant requests during this time.
The Future of DACA
If the district court overseeing the ongoing case regarding DACA determines the program to be illegal and no further legislative or administrative measures are implemented, individuals would, unfortunately, lose their deferred status. The termination of DACA status would result in individuals losing their work authorization and facing the possibility of deportation.
Consequently, employers would likely lay off individuals as their work authorization expires, leading to job losses and the loss of employer-based health coverage. This would result in heightened financial strain and diminished healthcare access for affected individuals and their families, which may negatively impact U.S. citizen children.
However, the Biden Administration published a proposed rule on April 26, 2023, stating to expand eligibility for health coverage to DACA recipients. According to this proposed rule, DACA recipients would be deemed as lawfully present for Affordable Care Act (ACA) purposes.
The deadline for submitting comments on the proposed rule is June 23, 2023, and the final rule is expected to come into effect on November 1, 2023, aligning with the open enrollment period.
Expanding eligibility has the potential to decrease the number of uninsured DACA recipients, leading to improved access to healthcare and increased financial protection against medical expenses.
Although this coverage expansion would result in higher costs for both federal and state governments, the number of eligible individuals is limited, and not all of them would enroll. Moreover, the expansion would help offset certain state costs in states that already provide state-funded coverage to individuals, including DACA recipients, irrespective of immigration status.
Final Thoughts
For individuals hoping for a brighter future, their options for obtaining relief from deportation remain restricted. DACA serves as a valuable pathway for individuals to attain temporary relief while simultaneously contributing to the U.S. economy.
Throughout my experience working at an immigration law firm, I have gained valuable insights into the individuals who demonstrate an unwavering amount of determination to patiently wait for the reopening of DACA to receive independence within the United States. As we eagerly anticipate positive developments, I hold onto hope that their patience will be rewarded with encouraging news.
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