Possible change in work permits for Dreamers

The Biden administration recently released a draft of new guidelines to reinstate the DACA (Deferred Action for Childhood Arrivals) program.

One of the points that most caught the attention of dreamers, as DACA eligible beneficiaries are also known, is the proposal to modify the process for obtaining employment permits.

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Clarifications regarding the DACA program

DACA is a deportation relief program implemented in 2012 during the Obama administration.

This immigration benefit protects those who came to the US without legal documentation while they were still minors, as long as they meet certain eligibility criteria.

Under this program, dreamers can apply for immigration amnesty for up to 2 years with the possibility of extension.

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The suspension of DACA

Texas federal judge Andrew Hanen suspended this program in mid-2021, stating that DACA could no longer be implemented because it does not meet the legislative formulation criteria.

This decision does not affect beneficiaries who are already part of the program, but does not allow the application of new beneficiaries despite meeting the requirements.

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Biden’s attempt to restart the program

In the face of Judge Hanen’s determination, the Biden administration filed in September 2021 a notice of appeal seeking to put on reconsideration the suspension of DACA and adjust the regulations to continue its implementation.

Therefore, the Biden administration recently formulated the new course of action to recreate DACA as if it were a new immigration program.

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Biden’s proposals creating uncertainty among Dreamers

Within the most updated draft proposal, there is one specific point that is causing concern among dreamers as the current administration opens up the possibility of separating work permits from DACA authorizations.

Although the administration has commented that the proposal seeks to reduce processing costs for program recipients, many dreamers and immigrant rights advocates believe that this is not a very desirable decision since it could:

• Increase the chances of not obtaining work permits on time.
• Increase the backlog of immigration cases across the US.

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Your future in the US depends heavily on the response you receive to your immigration application

We understand that starting an immigration process requires constant dedication and expert help. Our team is highly qualified to guide you through your immigration journey in the US, so please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

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