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What is the current status of DACA?

| Dec 7, 2020 | Removal Defense

The Deferred Action for Childhood Arrivals program has been in limbo for the past four years with objections stating it is not legal or valid. Because of the legal challenges, you could not exercise the rights DACA affords you, including seeking protection under it unless you were already part of the program.

However, the New York Times explains that a federal judge ordered the restoration of the program in a move that is great news for young immigrants.

DACA background

You would benefit from the DACA program if your parent brought you into the country as a small child and he or she failed to secure the proper immigration documentation for you. Once you grow up, you realize that you are an undocumented immigrant, but life in the United States is the only life you know. The idea of suddenly facing deportation to your home country is terrifying. DACA recognizes you had no fault in coming into the country illegally, and it allows you to seek proper documentation so that you can remain in the U.S.

DACA on hold

Since legal challenges were made against DACA, the program has been on hold. For you, this meant you could not apply or renew your status. The hold also limited the program’s benefits, such as work permits.

However, with the new ruling, DACA is open again. You can file your application for protection and seek benefits that were on hold.

The future

The federal judge’s ruling is not the final word. There is a potential for further appeals and other rulings that could change DACA rules once again.