Immigration Options for DACA: Recent Developments and What Lies Ahead

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The Deferred Action for Childhood Arrivals (DACA) program has been a lifeline for thousands of undocumented immigrants who were brought to the United States as children. While this program doesn’t provide permanent immigration status, it does offer temporary protection from deportation and work authorization for a period of two years, which can be renewed.  

Unfortunately, DACA has been at the center of an ongoing legal battle that has left many DACA recipients uncertain about their future in the United States. Here’s a look at the latest developments in the program’s legal battles and what they mean for those affected.

The Latest Court Decision

On September 13, 2023, District Court Judge Hanen once again ruled that DACA is unlawful, which echoed a similar decision that was made in 2001. There are several important points to keep in mind with this ruling: 

  • Renewals Remain Open: As of now, DACA renewals are still open and continue to be accepted and processed. 
  • No First-Time DACA Filings: Unfortunately, first-time DACA applications are not being processed at this time.
  • Advance Parole for Current DACA Recipients: The opportunity for advance parole remains available to current DACA recipients.

Although this ruling has created more uncertainty for DACA applicants, the legal battle surrounding the program is far from over. This case is expected to be appealed to the Fifth Circuit Court of Appeals, with a possible hearing in 2024. With consideration of the previous rulings, it seems likely that the Fifth Circuit may declare DACA unlawful, which could lead to a review by the Supreme Court. If the Supreme Court decides to take on the case, a decision can be expected to be made in the spring of 2025. 

However, it’s essential to remember that Judge Hanen’s ruling doesn’t immediately impact DACA renewals for current recipients; while the Supreme Court can change the status of renewals. If you’re a current recipient, it’s important to renew your status promptly when you’re eligible to do so. 

DACA recipients also still have the option to apply for Advance Parole, which allows them to travel abroad for educational, employment, or humanitarian purposes and return to the United States without jeopardizing their DACA status. If you’d like to pursue Advance Parole, it’s highly recommended to consult with an experienced immigration attorney, as this area of immigration law is in a state of flux and does involve risks. 

We recommend that DACA recipients stay informed about the latest updates to the program and immigration policies by regularly checking the USCIS website and following the progress of related lawsuits. Consulting with our attorneys is also an excellent way to stay informed and understand how the latest developments affect your specific circumstances. 

Additional Immigration Options for DACA Recipients

While DACA offers temporary relief for undocumented immigrants who came to the U.S. as children, you may also want to explore other potential immigration options, such as:

  • Family-Based Green Cards: Marriage to a U.S. citizen or permanent resident can be a pathway to a green card for DACA recipients. However, eligibility may depend on your spouse’s immigration status and whether your initial entry to the U.S. was lawful. If you entered without a visa and overstayed for more than 180 days you may be eligible to apply for an I601a waiver if you only have one unlawful entry.  You may want to consider discussing with an immigration attorney whether or not it is possible to enter the US on Advance Parole and applying for a green card if you only have one unlawful entry.

Since developments with the DACA program are fluid, the best course of action for you may evolve over time. If you’d like to learn more about your options, schedule a consultation with the Ranchod Law Group today. With over 20 years of experience, we’ve helped countless clients successfully navigate the complexities of U.S. immigration law. Contact us today at (916) 613-3553 or email us at info@ranchodlaw.com.