The ability of Dreamers to remain in the U.S. under DACA laws has faced unprecedented challenges. The Deferred Action for Childhood Arrivals policy began accepting applications in 2012. The policy of President Obama faced many challenges during the Trump Administration. President Biden has pledged to support Dreamers and introduce protections during his presidency.
The legality of DACA
Dreamers feared the arrival of President Trump in The White House would signal the end of DACA. The DACA policy came under attack almost immediately through a series of court cases. The Supreme Court ruled on the immigration of minors into the U.S. early in the Trump Administration. A 5-4 majority ruled in favor of maintaining the DACA policy. Further challenges followed and led to a halt in processing new applications.
Where do Dreamers stand?
Recipients of DACA benefits sit at a legal crossroads. New applications are not yet allowed by Dreamers under the Biden Administration. President Biden has pledged to protect the rights of Dreamers without revealing his policy. DACA renewal policies have changed often. The chance to live and work in the U.S. remains the main benefit of DACA.
The future of DACA
President Biden’s backing of DACA is a good point for Dreamers. DACA faces challenges from state Attorney Generals in Republican states. A challenge from Texas is the main threat to the rights of Dreamers. A conservative-leaning Supreme Court and circuit judges threaten the DACA program.
Now is a good time to start the DACA application process regardless of whether applications are being reviewed and processed. Congress can set the DACA policy in law to protect the rights of Dreamers in the future.