What is DACA?

Deferred Action for Childhood Arrivals (DACA) is an immigration benefit that offers protection from deportation to young immigrants, who came to the US without legal documentation as minors.

The Barack Obama administration implemented this immigration program in 2012, arguing that young immigrants are part of the local workforce and need legal alternatives in order to contribute to the socioeconomic development of the country. Adding to that, the Obama administration stated that DACA recipients are immigrants who came to the US as minors and, thus, deporting them to countries that are almost unknown to them could pose an imminent risk to their integrity.

However, the current administration, led by President Donald Trump, has a different opinion regarding DACA. President Trump, along with his cabinet, argues that offering legal alternatives to undocumented foreigners only increases illegal immigration, threatening the economic stability of the country.

Therefore, DACA has been on the tightrope for the past four years, facing multiple legal processes. In fact, the controversy was so great that the case reached the US Supreme Court of Justice. DACA recipients feel constant pressure from the current administration and fear that their immigration status is at risk.

DACA faces a legal challenge again

In June 2020, the Supreme Court ruled in favor of DACA and rejected the Trump administration’s request to remove it from programs offered to immigrants in the US.

However, the Trump administration did not comply with this order and, in late July, stated that no new DACA applications would be received until further notice and existing permits would be renewed for only one year. It is important to clarify that, according to initial guidelines of the Obama administration, DACA should be valid for two years with the possibility of extension and, as long as applicants meet the mandatory requirements, they can apply for the first time at any time.

Thus, since the Trump administration did not follow the Supreme Court’s mandate, immigrant rights advocates took the case to a New York court, which, in early December, ordered the Trump administration to reinstate DACA following parameters established by the Obama administration.

Despite the fact that the New York court ruled in favor of young immigrants, also known as “Dreamers”, DACA already had a pending hearing in a Houston court at the end of December, where it would be decided if the program itself is valid to be an immigration benefit. The judge in charge of this case has yet to release the verdict.

Uncertainty among Dreamers due to pending judge ruling

DACA recipients have faced uncertainty and ongoing anguish during the term of Donald Trump, who has tried to remove this immigration program by all possible means.

Now, just before the Democratic nominee, Joe Biden, takes office, they are awaiting the ruling of the Houston judge that could put their future in the country at risk. Adding to that, they could possibly have to face deportation proceedings and return to vulnerable environments, where they have no job opportunities or financial stability.

They hope the incoming administration will offer them alternatives beyond DACA and its temporality, so that they can build a promising future in the US and protect their beloved ones.

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