Act now to protect Dreamers!
On Wednesday, the US Court of Appeals for the Fifth Circuit upheld a lower court’s July 2021 decision that the DACA program is unlawful. The Fifth Circuit returned the case to the lower court for consideration of a rule issued by the Biden administration in August 2022. In the meantime, an injunction prohibiting USCIS from approving first-time DACA applications remains in place. Current DACA grants remain valid, and DACA recipients may continue to renew their status pending the lower court’s decision. Despite the temporary reprieve, the outlook for the DACA program is grim. The Fifth Circuit’s decision underscores the need for legislation creating a permanent solution for Dreamers, including the many DACA recipients we serve here at TNJFON.
Since 2008, more than 8,000 Tennesseans have received DACA status. Since 2012, TNJFON attorneys have represented over 2600 young people submitting first-time or renewal DACA applications. While TNJFON will continue representing young people seeking to renew DACA, these Dreamers need permanent protection, including a path to citizenship for the many who have made Nashville their home.
How did we get here?
Created by executive action in 2012, the Deferred Action for Child Arrivals program has provided protection from deportation to nearly 800,000 undocumented immigrants brought to the United States as children. Though the program does not offer a path to citizenship and does not constitute lawful immigration status, DACA recipients are eligible for work permits. With a work permit, they are able to obtain a social security number and a driver’s license in most states. As a result, hundreds of thousands of young immigrants have been able to earn a living, pursue higher education, and start families here in the United States. DACA recipients are teachers, servers, nurses, and firemen. They work in manufacturing, in banks, and in retail. They are the backbone of our communities.
Despite the program’s success, DACA was always meant as a temporary solution. DACA recipients must apply for renewal every two years, leaving beneficiaries in the disheartening position of planning their future in two-year increments. DACA recipients and their allies across the country have spent the last decade fighting for a permanent solution that will give Dreamers the security they deserve.
Because the DACA program was created by executive action, it is vulnerable to legal challenges. In its July 2021 decision, the federal district court held that the DACA program is unlawful because the Obama administration failed to follow the proper administrative procedures in creating it. In August 2022, the Biden administration issued a new DACA rule, meant to address the procedural issues identified by the district court.
What comes next?
DACA’s journey through the courts is not over, but its demise looks likely. In the Wednesday ruling, the Fifth Circuit sent the case back to the district court, asking it to address the August 2022 DACA rule.
Dreamers should not have to live with this uncertainty. Congress MUST pass legislation providing Dreamers with a path to citizenship.
What can I do?
Contact your Senators and Representatives to demand they pass protections for immigrant youth.
Vote for pro-immigrant candidates on November 8th
Donate to TNJFON to support our DACA renewal applications and DACA advocacy