Uncertainty Returns to DACA Recipients with New Administration

 Posted on December 12, 2024 in Immigration

A child who was brought to the United States when her parents fled Mexico’s violence has spent most of her life haunted by the possibility of deportation. In 2012, there was a brief reprieve when this young woman received a letter detailing her acceptance into a program for immigrants like her who were brought to the U.S. as children. The program was the Deferred Action for Childhood Arrivals (DACA) brought by the Obama administration.

The program granted two-year renewable permits, allowing these "Dreamers" a legal immigration path. However, the new administration taking office on January 20th could end the temporary relief afforded this young woman and so many more. Unfortunately, uncertainty has become a way of life for DACA recipients; after a judge deemed the program illegal in 2021, no new applicants have been accepted.

New applications could not be processed at that time, although current recipients were allowed to renew DACA permits. DACA permits have allowed these young adults to obtain a driver’s license, work in the U.S. legally, and even get healthcare. These Dreamers have started their own families, purchased homes, paid their taxes, attended school, and lived as Americans, yet this could all come to an end when the new administration takes over.

Many are trying to renew their permits in hopes this will protect them from the promised mass deportations. If you or a loved one is facing uncertainty regarding your DACA status, it can be beneficial to speak to a knowledgeable Plano, TX immigration attorney from Law Office of Jae Lee.

What Changes Could Occur for DACA Recipients in 2025?

In October, one of the country’s most conservative appeals courts (the 5th U.S. Circuit Court of Appeals) heard arguments regarding whether DACA is legal. Attorneys opposing DACA claimed Dreamers are a financial burden to individual states. This argument was countered by attorneys for the other side, who claim that Texas and other states lack standing because there is no proof of this added financial burden.

Regardless of the outcome of this case, it will almost certainly be appealed, sending the decision to the Supreme Court.  A spokesperson for an advocacy network with hundreds of thousands of members nationwide, United We Dream, has been anticipating this moment for years. The network's executive director says DACA recipients will be assisted in making necessary shifts "as threats emerge."  

Are There Steps DACA Recipients Can Take Now?

DACA recipients who can should renew their permits as quickly as possible and should speak to an experienced immigration attorney to determine whether they have a legitimate path to citizenship. Beyond this, whether DACA recipients face potential deportation could come down to a couple of issues – how long it takes the new administration to deport their stated "first tier" of undocumented immigrants (not DACA recipients) and what state they live in.

The federal government will be forced to rely on state and local governments to carry out planned deportations, and the president cannot legally force these governments to cooperate with deportation efforts. Ten states, including New York, Massachusetts, California, Illinois, New Jersey, Colorado, Oregon, Washington, Vermont, and Connecticut, have laws that prohibit cooperation with ICE under certain circumstances.

These states cannot prevent the federal government from coming into the state to arrest and deport, but they could place obstacles in the way. About 580,000 DACA recipients currently live and work in the United States and could face potentially negative consequences of proposed deportation plans.

Contact a Dallas, TX Immigration Lawyer

If you are a DACA recipient facing uncertainty or any undocumented immigrant who is worried about deportation, contact a Plano, TX immigration attorney from Law Office of Jae Lee. We can work with clients remotely, offering one-on-one guidance. You will work directly with our attorney, who has personal experience with the system. Call 214-295-3014 to schedule a free consultation.