There are thousands of DACA holders who are desperately trying to renew or keep their permits. The backlog of applications driven by COVID restrictions is causing lost income and healthcare for individuals and lost workers for their employers. As a result, individuals and companies are losing.
Deferred Action for Childhood Arrivals (DACA) is a federal immigration policy that gives some individuals with an undocumented presence in the United States after being brought to the country as children to receive a renewable two-year period of deferred action from deportation. It also allows for possible work permits.
The Trump administration made efforts to end DACA in 2017. Immediate legal challenges ensued and the effort to eliminate the policy was stopped by the Supreme Court in 2020.
There are an estimated 13,000 renewal cases that have been waiting longer than four months. In addition, there are thousands of first-time applications following the Supreme Court ruling.
However, there is a court case in Texas that challenging the legality of the DACA program. A group of states have brought the case forward. If the courts agree with the plaintiffs that DACA is indeed in legal question, the entire program could be in trouble. In anticipation of an issue, recipients continue to apply for renewal. Generally, renewal is required every two years. But lengthy delays and a growing backlog are having a very real impact.
U.S. Citizen and Immigration Services (USCIS) recognizes the issues at hand. Between the pandemic, an increase in petitions and applications, and uncertainty, they see the backlog and it’s impact. They are working hard to clear up the backlog. First-time applications and renewal requests are within normal processing times, per the USCIS. They are also training and reassigning their teams to process initial DACA requests.
In March 2021, the House passed the American Dream and Promise Act of 2021. This provides a pathway to citizenship for the recipients of DACA, also known as “Dreamers”. This Act also provides a path to citizenship for Temporary Protected Status recipients and Deferred Enforced Departure beneficiaries. The bill passed the House in previous years but is expected to hit a wall in the Senate.
ILBSG continues to monitor ongoing policy updates. If you have questions about DACA or any immigration-related topic, contact us today. We are here to help and work with you to get the right advice for your specific issue.
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