In Texas, which has one of the largest populations of DACA recipients, the DACA program plays a significant role in the lives of thousands of young immigrants, often referred to as “Dreamers.” However, the future of DACA has faced ongoing legal challenges, particularly in Texas, where recent court rulings have cast uncertainty on the program’s long-term survival. As the state navigates these legal battles, the fate of many young Texans who rely on DACA remains uncertain, highlighting the need for a permanent solution.

What Is DACA?

Deferred Action for Childhood Arrivals, commonly known as DACA, is a U.S. immigration administrative relief policy that temporarily offers protection from deportation and work authorization to certain undocumented immigrants who entered the United States as children.

DACA was established under the Obama administration in 2012 to provide relief from deportation to those affected. However, it has faced numerous legal challenges since its inception.

DACA Protections

Currently, the DACA program does not grant official legal status or provide a pathway to citizenship for the approximately 800,000 people enrolled in the program. However, it does allow recipients to obtain a Social Security number, a work permit, and a driver’s license.

DACA Eligibility

To qualify for DACA, applicants must meet several requirements, including:

  • Arriving in the U.S. before turning 16.
  • Being under 31 years old as of June 15, 2012.
  • Being physically present in the U.S. on June 15, 2012, and having no legal status on that date.
  • Being enrolled in school, having graduated from high school, or being honorably discharged from the military.
  • Not having been convicted of a felony, serious misdemeanor, or three or more misdemeanors, and not posing a threat to national security or public safety.

DACA Application Process

Applying for DACA for the first time involves several steps, including:

  1. Submitting a detailed application to U.S. Citizenship and Immigration Services (USCIS), which includes personal information, proof of eligibility, and payment of application fees.
  2. Providing proof of identity, such as a passport, birth certificate, state ID, or school ID.
  3. Completing Form I-821D (Consideration of Deferred Action for Childhood Arrivals) and Form I-765 (Application for Employment Authorization).
  4. Mailing the completed forms to USCIS along with the required fees, including a biometrics fee.
  5. Attending a biometrics appointment at your local USCIS Application Support Center.

Additional supporting documents for a DACA application include:

  • Proof of arrival in the U.S. before turning 16.
  • Proof of continuous residence in the U.S. since June 2007.
  • Proof of brief absences from the country since 2007, if applicable.
  • Proof of physical presence in the U.S. on June 15, 2012.
  • Proof of no legal status on June 15, 2012.
  • Proof of school enrollment, graduation, GED completion, or honorable discharge from the military.
  • Proof of clean criminal history.

DACA Status Renewal

DACA status is granted for two years and must be renewed. However, ongoing legal and policy changes may affect the renewal process, so recipients should stay informed about potential changes.

Renewal requests should be submitted between 120 and 150 days before DACA expiration. Applicants must submit a renewal application packet and provide a copy of their work permit. Fewer documents are required for renewal than for first-time applications, but the renewal fee of $495 must be paid.

DACA in Texas: Legal and Financial Considerations

Texas has been at the forefront of legal challenges to DACA, which could impact the protections and benefits for recipients in the state. DACA recipients in Texas are encouraged to seek assistance from legal aid organizations and immigration attorneys to navigate their status. Community organizations may also offer support and resources for DACA recipients facing legal challenges.

Conclusion

On September 13, 2023, the District Court for the Southern District of Texas ruled against DACA but allowed the case to be appealed, keeping renewals in place. The case is likely to move to the Fifth Circuit Court of Appeals and possibly the Supreme Court, with a final decision expected by mid-2025. Congress is being urged to step in to protect undocumented individuals, including DACA recipients.

For now, the Department of Homeland Security (DHS) will continue processing DACA renewals, but new applications will be accepted without being processed. Recipients are advised to submit renewals promptly and consult legal professionals for the most current information and support, as policies and legal circumstances may change.

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