DACA is blocked again
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A few weeks ago, a federal judge found DACA unlawful and once again barred the US government from accepting new applications to the program.
The bar does not cancel immediately permits for hundreds of thousands of people, but it once again leaves them in legal limbo, according to CNN News.
Former President Barack Obama said on Twitter that for more than nine years, DREAMERS have watched courts and politicians debate whether they can stay in the only country most of them have ever known. “It’s long past time for Congress to act and give them the protection and certainty they deserve,” he said.
To the new ruling, President Joe Biden said in a statement that the “court ruling is deeply disappointing (…) while the court’s order does not now affect current DACA recipients, this decision nonetheless relegates hundreds of thousands of young immigrants to an uncertain future”, according to Insider.
Nonetheless, the Department of Justice will appeal the decision, and also the Department of Homeland Security, DHS, is planning to issue a proposed rule about DACA soon.
What is DACA?
DACA stands for Deferred Action for Childhood Arrivals and allows people who came to the country as children to avoid deportation and receive temporary immigration status.
However, DACA does not guarantee legal permanent residence or naturalization as a US citizen. Also, since the Trump administration DACA has been blocked and restored several times, creating like this a great uncertainty among recipients of this benefit, who call themselves DREAMERS.
A new rule to protect DACA
In March 2021, the DHS announced that it was working on introducing a proposed rule to protect DACA. Biden also implored Congress to create a path to citizenship for DREAMERS.
“I have repeatedly called on Congress to pass the American Dream and Promise Act, and I now renew that call with the greatest urgency,” he said. “It is my fervent hope that through reconciliation or other means, Congress will finally provide security to all Dreamers, who have lived too long in fear.”
Today, about 2.3 million DREAMERS live in the United States, according to Insider, and The American Dream and Promise Act would provide a pathway to citizenship for all of them.
However, if DACA is completely canceled, all of these people will be left in uncertainty about their future and right to stay in the United States.
Why was DACA blocked again?
US District Judge Andrew Hanen said recently that the program was created in violation of the law. DACA, a program created under the administration of Barack Obama in 2012, is believed by many to be illegal.
“He said Obama overstepped his authority in creating the program, which allows undocumented immigrants brought to the US as children — called DREAMERS – to apply and obtain a work permit to legally stay in the country,” Insider wrote.
On Biden’s first day in office, he presented an 8-year path to citizenship where he also would seek to preserve DACA and fortify the program. In addition to this, the Supreme Court issued a ruling in 2020 that upheld DACA when Trump’s administration continuously tried to destroy it.
Immigration can be complicated, which is why we recommend that you get advice from an expert immigration lawyer in San Diego, California. You can reach Kannan Law for more information today whether you are a DACA recipient or not.