Several Democratic leaders in both the House and the Senate are making efforts to pass into legislation the Deferred Action for Childhood Arrivals (DACA) program for this ‘lame-duck’ session. Sessions held with existing office holders just before their terms come to an end are referred to as a ‘lame-duck’ session. In this example, the Congressional session began on Monday, November 14, 2022, with this being the last session for many of the officeholders. This session goes through December 21st but has a week-long break for Thanksgiving the week of November 21st. Efforts to establish DACA are underway.

The session has many priorities, including passing a budget, addressing the U.S. debt ceiling, passing legislation to retain same-sex marriage, DACA, and other critical items. How many of these issues can be passed during this session is unknown. There are reports of both parties working toward a resolution on DACA. The Democrats are making DACA a key area of focus, although they admit it is going to be a challenge.

The Democrats need at least 10 votes from Republicans in the Senate to move forward with the proposed legislation. Senior members of the Democrat party are making efforts to gain those votes.

It’s expected that federal courts will end the 2012 executive order which created DACA. Over 600,000 individuals benefit from the DACA program, providing those individuals to live and work in the U.S. with no concern over being deported. In October, the 5th Circuit Court of Appeals found DACA to be illegal, although they allowed current DACA holders to keep their status as a lower court considers a Biden administration proposal. However, DACA is unavailable to new applicants. It appears likely that DACA will ultimately be considered by the U.S. Supreme Court.

President Biden is calling on legislators to establish DACA by law, including providing a path to citizenship. Whether this can be done during the lame-duck session remains to be seen.

If you have questions about DACA or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates and proposals to U.S. immigration law to ensure our clients get the right advice for their particular situations.

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