DACA Remains Alive for Current Recipients

DACA is not a long-term solution

On Friday, U.S. District Judge Andrew Hanen of the Southern District of Texas ruled that the current version of the Deferred Action for Childhood Arrivals (DACA) program may continue for the time being. Of course, this is subject to strict limitations. For example, there can be no new applications for DACA. Only those who are already enrolled in the program can continue to maintain and renew their status. 

Judge Hanen's order extends to the new DACA regulations promulgated by the Biden Administration and scheduled to go into effect on October 31st. It follows a Fifth Circuit decision on DACA finding the program likely violates the Administrative Procedures Act and is not in line with the Immigration & Nationality Act.

A hearing, also held on Friday, included a discussion of the new regulations. The court ordered the U.S. Department of Justice to provide more information on the new regulation slated to go into effect on October 31st. Judge Hanen stated that he anticipated additional legal arguments over the validity of the new regulation. No future hearings or deadlines were scheduled, and it is not clear when he will issue a final decision on DACA's legality.

Regardless of the court's final decision, it is widely accepted DACA's ultimate legality is going to rest in the hands of the Supreme Court. This story is not over yet and likely won't be for at least a couple more years.

Any long-term solution for those brought here as children is going to have to be created by Congress. Unfortunately, Congress is no longer capable of anything, up to and including agreeing on the sky's blueness. Despite the overwhelming majority of voting Americans support of a long-term solution for DACA recipients, it does not appear Congress is going to be able to agree on a pathway to citizenship any time soon.

DACA was never intended to be a long-term solution. It is way past time for Congress to get this figured out and take some steps towards offering a permanent solution.

Nathan R. Bogart is one of the founding partners of Bogart, Small + Associates. He leads the firm's immigration practice group and focuses his practice on immigration-related litigation, including removal defense before the immigration courts, appeals to the Board of Immigration Appeals and U.S. Circuit Courts of Appeal, and federal lawsuits against the agencies tasked with implementing or enforcing U.S. immigration laws.

Bogart Small, + Associates is an award-winning Northwest Arkansas-based law firm focused on representing individuals, families, and small businesses in all immigration matters, as well as criminal defense, family law, and compliance matters.