DACA Update: News 2022

Have you been a beneficiary of DACA and are you looking for an immigration lawyer to clarify your legal situation in the United States?

The temporary program created by Barack Obama in 2012 for the protection of children who enter the United States illegally, known as DACA (Deferred Action for Childhood Arrivals), has been in the spotlight for some time.

This is because the protection measure has been brought and invalidated in court, affecting the children of immigrants, especially from Mexico, El Salvador, Guatemala, Honduras and Peru; who arrived in the country as minors.

The children of immigrants, also called dreamers, through the program had the right to avoid deportation from the United States for at least two years. However, the program did not establish legal pathways to access permanent resident status and, with it, naturalization.

This is why, although DACA grants the possibility of access to work, it could not prevent the beneficiary from being returned to the country of origin sooner or later after having lived in the United States of America.

September 4, 2017

The Administration of President Donald Trumpannounced through the Attorney General of the United States, Jeff Sessions, the end of the Deferred Action for Childhood Arrivals (DACA) program.

This was a measure that was expected to be executed at any moment by the government, since it was one of the promises made during his campaign period.

The justification given by the prosecutor is that the decree had been "an unconstitutional exercise of authority by the Executive Branch.Many voices were heard, both for and against the measure, in the national and international media.

On the same day, former President Barack Obama justified the creation of the program by considering that the United States Congress had been ineffective in legislating on immigration to solve the problem.

Because almost 80% of the beneficiaries are Mexicans, the government of this country pronounced itself regretting the measure. Through statement , he stressed that it affects men and women who arrived in the United States as children, have lived there for a long time and also contribute to the economy.

In any case, the intention of the Donald Trump government was for an orderly transition to take place that would have to be led by the Department of Homeland Security (DHS) and would last 6 months.

In addition to this, that as of the following October no new applications associated with this program will be admitted.

September 7, 2017

16 prosecutors, led by Eric Schneiderman - Attorney General of New York, filed a lawsuit in the federal court of this state. Through a press release, the prosecutor described the measure promoted by Donald Trump as cruel, inhuman and devastating.

Schneiderman said that there were 42,000 New Yorkers who benefited from the program, to have access to work and thereby pay taxes. He also clarified that these are people who work hard and were able to come out of the shadows to contribute to the country.

The other states that participated through their prosecutors were North Carolina, Connecticut, Delaware, Hawaii, Illinois, Iowa, Massachusetts, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington.

September 11, 2017

California Attorney General Xavier Becerra sued Donald Trump , considering that "he violated the Constitution and federal laws when he rescinded DACA."

One of the arguments that justified such action by the Californian authorities was that most of the so-called dreamers had this state as their home.

In addition, Becerra hinted that the beneficiaries of the program would be one of the fundamental axes for the state to be recognized as the sixth largest economy in the world.

Although the action was introduced in California, other states joined it such as Minnesota, Maryland, and Maine. However, the prosecutor did not join the lawsuit made by his colleagues from other states.

January 18, 2018

The District Judge of San Francisco - California, William Alsup, through a precautionary measure, blocked the elimination of the DACA program that had been carried out by Donald Trump.

This action comes in response to the lawsuit filed by the California Attorney General, as well as other lawsuits addressing the same issue in the judicial circuit.

The California prosecutor celebrated the measure and was proud of his Mexican roots, considering that the background of the elimination of the program is the racist character of the then president.

June 18, 2020

The Supreme Court of Justice of the United States ratified rulings that had occurred in lower courts, in which the action taken by the Donald Trump government was described as illegal.

The decision calls the action taken by the president arbitrary and capricious. However, it does not prevent Trump from continuing to try to get the elimination of DACA approved.

July 28, 2020

The Donald Trump Administration announced that the protection against deportation that Dreamers were beneficiaries of would only be renewed for one year. This measure was announced by the Acting Secretary of Homeland Security, Chad Wolf.

In addition, he stated that it would be executed in this way while they analyzed in depth the ruling issued by the Supreme Court of Justice.

December 5, 2020

District Judge Nicholas Garaufis in Brooklyn, New York, ordered the Trump administration to restore the Deferred Action for Childhood Arrivals (DACA) Program in its entirety.

Additionally, the judge ordered the Department of Homeland Security (DHS) to publicly notify the acceptance of new applications beginning the following Monday.

January 13, 2021

The newly elected and incumbent president, Joe Biden, asked the United States Congress to approve a law that allows DACA recipients access to citizenship with the intention of curbing deportations.

This call was also joined by the White House spokeswoman, Karine Jean-Pierre, at a press conference, in which she asked Congress to approve a law that allows "dreamers" to access citizenship.

January 20, 2021

President Joe Biden signs a memorandum ordering to Preserve and Strengthen the DACA program for those recipients who have stayed in school, worked, or enlisted in the military.

To this end , the Secretary of Homeland Security is directed to, in consultation with the Attorney General, take appropriate steps to meet the goal of deferring the deportation of certain undocumented immigrants who were brought to the United States as children.

July 16, 2021

After 9 years, the judge of the Southern District of Texas declared the DACA program as “illegal” and issued an injunction to the government to prevent the processing of new applications and renewals through DHS.

The reason for this ruling was the determination that the program violates the Administrative Procedures Law (APA).

However, the judge allowed those people who were benefited before the date of the decision or who were in the renewal period at that time, to continue receiving care under the premises of the program.

These requests for renewal and approval of new applications filed before the date would have to be resolved by the United States Citizenship and Immigration Service (USCIS).

This body, in addition, would accept new applications but would not process them due to the ruling.

August 24, 2022

United States Secretary of Homeland Security Alejandro N. Mayorkas announced that the department has issued a Final Rule to preserve and strengthen the Deferred Action for Childhood Arrivals (DACA) policy.

The measure would target ineligible citizens who came to the United States as children, deferring their deportation and allowing them access to a two-year renewable work permit.

This Final Rule would become a virgin on October 31, 2022. The statement signed by Mayorcas states that since the precautionary measure was partially suspended, DHS can grant DACA renewal requests under the Final Rule.

October 5, 2022

The United States Court of Appeals for the Fifth Circuit issued a decision partially upholding the district court decision issued in July 2021 that declared the 2012 DACA policy illegal.

However, it was upheld. partial suspension for former beneficiaries and the case was remanded to the district court. In any case, applications for renewal, employment authorization and advance permission will continue to be received.

Also, new requests will continue to be received, but they will not be processed. DACA still does not provide legal status to its beneficiaries. However, these are considered "lawfully present" for certain purposes such as work authorization.

October 31, 2022

As of this date , the Final Rule of the DACA program, signed by the United States Secretary of Homeland Security, Alejandro N. Mayorkas, comes into effect. For this reason, UCSIS begins accepting and processing employment authorization and renewal applications.

This also initiates the acceptance and processing of advance parole applications, as well as the acceptance but not processing of initial applications.

Conclusion

The DACA program, which has granted benefits to those immigrants who entered the United States illegally as minors, was declared illegal last year and brought with it some instabilities.

Although, the program does not grant legal status to its bearer, from that moment on new applications are not processed. Only renewals and related procedures such as work authorization and advance permits remain active.

If you were a beneficiary of the action and have doubts or have minor children who are not eligible for the program, contact the immigration professionals at Gabriel Campos.

These immigration attorneys will offer you a clear overview of your legal situation, as well as the alternatives you have to avoid imminent deportation.

Visit us at our offices or contact us through any of our service channels.