DACA recipients secure complete restoration, so what's next?

In a Texas federal court, the legality of the Deferred Action for Childhood Arrivals (DACA) program is being challenged. The states are asking the court to declare DACA as unlawful and order its termination.

Judge Drew B. Tipton is presiding over the case. He has a history with similar issues, having previously blocked the Obama administration from introducing the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program in 2015.

At a hearing on Dec. 22, Dreamers' attorneys presented nuanced arguments about prosecutorial discretion, employment authorization, and potential legal remedies. The Texas plaintiff states are requesting a two-year stay, during which no additional applications or renewals would be entertained.

Despite public support for DACA and advocacy by U.S. businesses, Dreamers continue to live in a state of uncertainty. This uncertainty may increase if Judge Tipton follows in the footsteps of Judge Andrew S. Hanen, who previously signaled that DACA could suffer the same fate as DAPA and potentially strike down the program.

However, there is a glimmer of hope. President-elect Joe Biden has promised to reinstate DACA on his first day in office and work toward a permanent legislative fix. The U.S. Supreme Court has already ruled that the Trump administration's termination of DACA was unlawful.

In August 2018, Judge Hanen ruled that DACA "violates the substantive provisions of the Administrative Procedure Act," but left DACA in place. The restoration includes the reinstatement of "advance parole," which allows Dreamers to travel abroad and return to the U.S., thereby opening a narrow pathway for permanent residence for a small class of Dreamers.

It's important to note that no court has addressed the question of DACA's legality, although three dissenting Supreme Court Justices characterized DACA as "unlawful from its inception." Only Congress can provide a permanent solution for Dreamers, and it remains to be seen whether legislative relief will be possible in the current hyper-partisan environment.

The battle for DACA continues, with renewed vigor under a new administration that has promised to protect Dreamers. However, readers should not act upon any information contained in this article without seeking professional counsel, as it does not constitute legal advice or create an attorney-client relationship.

The information in this article is meant to be informational and not guaranteed to be complete or accurate. A federal court in New York ordered the government to fully reinstate DACA to its Obama-era terms on Dec. 4. If the case goes to the Supreme Court, it will be heard in a more hostile forum with Justice Amy Coney Barrett, who previously authored a 40-page dissent siding with the Trump administration.