U.S. to Consider New Applications for DACA for the First Time in Years
Introduction to DACA
The federal government plans to begin processing initial applications for DACA, the Obama-era program that grants deportation protection and work permits to immigrants brought to the U.S. as children. This move, outlined in a proposal by the Justice Department, would reopen DACA to first-time applicants in every state except Texas.
Background on the DACA Program
The proposal was filed in response to an ongoing lawsuit in U.S. district court in Brownsville, Tex. According to the filing, Texas residents who already have DACA could continue receiving protection from deportation but would no longer qualify for employment authorization. Lawsuits over DACA, or Deferred Action for Childhood Arrivals, have been ongoing since President Trump moved to end the program during his first term.
Impact on Current DACA Recipients
Under the government’s proposal, DACA recipients who move into Texas would risk losing their legal ability to work, while moving out of Texas could allow them to resume qualifying for a two-year work permit. The proposal is pending a final decision by U.S. District Court Judge Andrew Hanen. “These proposals do not limit DHS from undertaking any future lawful changes to DACA,” the filing states.
Reaction from Advocacy Groups
Juliana Macedo do Nascimento, deputy director of federal advocacy for United We Dream, said misinformation was circulating on social media. “We’ve seen a lot of folks saying initial applications will start right away. That’s not true,” she said. “The status quo stays. If you are a DACA recipient right now, even in Texas, if you can renew you should renew as soon as possible because then you have another two years.” Other advocacy groups, such as the nonprofit Dreamers2gether, urged DACA recipients and hopeful applicants to leave Texas and file a change of address form with U.S. Citizenship and Immigration Services.
Eligibility and Application Process
More than 525,000 immigrants are currently enrolled in DACA. Texas follows California in the ranking of states with the highest number of program enrollees, according to USCIS. To qualify, applicants must prove they came to the U.S. before they turned 16 and have graduated from high school or were honorably discharged from the military. Applicants also cannot have serious criminal records.
Uncertainty and Anxiety for DACA Recipients
But for years the program has sat in a state of uncertainty, stoking anxiety for many recipients, amid court battles that stopped applications from being processed and left many younger people who would have aged into qualifying for DACA instead vulnerable to deportation. In this first term, Trump attempted to shut down the program, but the Supreme Court concluded in 2020 that his administration had acted improperly. The court did not rule on the program’s legality.
Personal Stories and Impact
Los Angeles resident Atziri Peña, 27, runs a clothing company called Barrio Drive that donates proceeds toward helping DACA recipients renew their applications. Peña, who also has DACA, said she knows many people in Texas who are thinking about moving out of state. The latest news is another example of how the immigration system breaks families apart, she said. “A lot of us who are DACA recipients, we don’t necessarily know what it was like to be undocumented before DACA, so most of us have careers that we won’t be able to continue,” Peña said.
Concerns About Detention and Deportation
United We Dream has recorded at least 19 current DACA recipients detained by immigration agents in recent months. In one case in Texas, immigration authorities have kept Catalina “Xochitl” Santiago detained despite an immigration judge saying she cannot be deported. “It’s a way of making sure she can’t renew her DACA and then she becomes deportable,” said Macedo do Nascimento. In her view, the Department of Homeland Security’s attitude toward DACA recipients lately has diminished the protections it offers.
Conclusion
The proposal to reopen DACA to new applicants is a significant development for immigrants who have been waiting for years to apply. While there are still many uncertainties and challenges ahead, the move offers a glimmer of hope for those who have been living in limbo. As the situation continues to evolve, it is essential to stay informed and seek guidance from advocacy groups and legal experts.
FAQs
- What is DACA, and how does it work?
DACA, or Deferred Action for Childhood Arrivals, is a program that grants deportation protection and work permits to immigrants brought to the U.S. as children. - Who is eligible to apply for DACA?
Applicants must prove they came to the U.S. before they turned 16 and have graduated from high school or were honorably discharged from the military. Applicants also cannot have serious criminal records. - Can current DACA recipients renew their work permits?
Yes, current recipients can still renew their work permits, but those in Texas may no longer qualify for employment authorization. - What is the status of the proposal to reopen DACA to new applicants?
The proposal is pending a final decision by U.S. District Court Judge Andrew Hanen. - How can I stay informed about the latest developments on DACA?
It is essential to stay informed and seek guidance from advocacy groups and legal experts. You can also check the official government websites for updates on the program.
