Deferred Action for Childhood Arrivals (DACA) is one of the most controversial subjects in American immigration policy today. As its name implies, this program is geared toward children who arrived in the United States as undocumented migrants. This policy dates back to 2012, and it has gone through various transformations since its implementation. The future of the program is also unclear, and this could be concerning for many families in the United States today. If you share these concerns, you might want to speak about your specific circumstances with an experienced immigration lawyer in Dallas. What exactly is DACA, and what are the legal nuances surrounding this subject today?
DACA Explained
DACA gives undocumented migrants who arrived in the United States as children “deferred action.” Those who receive deferred action can stay in the United States despite otherwise being eligible for deportation. DACA suspends these deportation proceedings, allowing eligible participants to obtain work permits, social security numbers, driver’s licenses, and other privileges normally reserved for permanent residents or citizens.
While this might sound encouraging, it is important to remember that DACA simply suspends deportation hearings for three years. It does not give you citizenship or a green card. For this reason, most immigration lawyers recommend that DACA recipients consider legitimate pathways toward permanent residence as soon as possible. While you may be able to renew your DACA status, this process is not automatic – and renewal is not guaranteed.
Why Is DACA Controversial?
Opponents of DACA say that it was established unconstitutionally. They say that with “nothing more than a policy memo,” former President Obama was able to create a program that should have gone through more checks and balances – including congressional approval. Perhaps the most notable criticism is that DACA violates existing federal law – something that has led to lawsuits.
Supporters of the program argue that so-called “dreamers” are low-priority targets for immigration enforcement. They say that if these individuals exhibit good behavior while in the United States, they should be allowed to remain in the country. Only those with clean criminal records are eligible for DACA, and those with felonies or serious misdemeanors are disqualified.
DACA Has Led to Multiple Lawsuits
When President Obama tried to expand DACA in 2014, multiple states filed lawsuits to prevent this from happening. They were successful, and in 2016 the U.S. Supreme Court blocked the planned expansion. In 2017, President Trump announced a plan to completely phase out DACA.
However, this plan met with opposition in the courts. In 2018, a district court judge in Texas ruled that DACA was probably unconstitutional, although this did not lead to the program’s termination. When President Joe Biden took office, he reinstated DACA with an executive order. This led to another court decision in 2021 that identified the program as “illegally implemented.” This court ruling prevented the program from accepting any new applications, completely reversing Biden’s effort to reinstate DACA.
However, those already protected under DACA did not lose their status because of this ruling. In 2022, an appellate court agreed with the 2021 ruling, labeling the program as “unlawful.” In 2023, the program was once again deemed unlawful – but this did not lead to any current DACA recipients losing their right to stay in the country.
What Is the Status of DACA Today?
On January 17th of 2025, the Fifth Circuit Court of Appeals once again decided that DACA was unlawful. However, it did not lead to any deportations – since those who had already received DACA protection retained the right to stay in the country. More importantly, current DACA recipients can continue to renew their protections while these court cases play out. In addition, it is important to note that this decision only applies to Texas.
Another negative aspect of the recent ruling is the loss of work permits for DACA recipients. Due to this ruling, the government will not issue any new work permits to DACA recipients. Essentially, the only form of DACA protection that remains is the suspension of deportation proceedings (at least in Texas). In addition, DACA recipients can no longer obtain driver’s licenses in Texas. However, you can still use your current work permit if you’ve already obtained one as a DACA recipient in Texas.
Can I Still Apply for DACA?
You can still apply for DACA. However, such a move could be risky, as it essentially exposes you as living in the United States as an undocumented migrant. Even if you qualify for DACA with no serious issues on your criminal record, this application could theoretically make you vulnerable to deportation proceedings. The new administration has taken a much more conservative approach to immigration, promising “mass deportations.” These are not empty threats, and some have already been carried out.
If you plan to apply for DACA, be sure to speak with an experienced immigration lawyer in Texas before making any hasty moves. You may be able to take advantage of other programs, and these legal professionals can steer you away from preventable mistakes. If you already have protection under DACA, you should file your renewal application well in advance of your expiry date. You should also remember that DACA is only a temporary solution – and this has not changed since the program’s inception in 2012. Speak with an attorney to learn about more long-term solutions for your immigration challenges.
Can an Immigration Lawyer in Dallas Help Me?
If your family is facing challenges with DACA or recent changes in immigration policy, consider working with a Dallas immigration lawyer. These legal professionals have helped numerous people, including DACA recipients and their family members. Although the future of this program might be unclear, several immigration strategies remain effective, and you can explore alternative options that may allow you to remain in the country. To learn more about your legal options, consider scheduling a consultation with Presti Law Firm today.