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News on The Deferred Action for Childhood Arrival Program (DACA)

What is DACA?

DACA is an acronym for Deferred Action for Childhood Arrivals. This is a United States immigration policy that allows individuals who are brought to this country as children to have a two-years deferred action from deportation and be able to obtain a work permit as well. After those two years are up, they are required to renew their status. Also, to be eligible for DACA, you need to not have been convicted of a felony offense and one must be in school, obtain a high school diploma, or be currently enrolled in GED classes. DACA was first introduced by the Obama administration in 2012 but has been attacked since 2017 when the Trump Administration announced that it would terminate DACA. Though, now that President Joe Biden is in office, he has stated that all Dreamers are “part of our national fabric and make vital contributions to communicates across the country every day.”

What is happening?

A U.S District Court Judge named Judge Andrew Hanen has ruled DACA illegal in the state of Texas. He also ordered the Department of Homeland Security (DHS) from accepting new DACA applications and from granting new DACA applications as well. One thing he did allow was for current DACA beneficiaries to continue to renew their statuses and their employment authorization at least while appeals are pending. The Biden Administration has already responded back that they would appeal this decision. The question now is whether Congress will protect the Dreamers and provide them with a path to citizenship or will the thousand individuals who were brought into the United States by their parents before the age of 16 remain in limbo.

Who does this impact?

  • New DACA applicants

  • DOES NOT affect the status or employment authorization of any current DACA beneficiaries

  • If you have an expired employment authorization document, you do not need to reverify employment

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