Back in June 2012, during the Obama administration, an executive order was signed creating the Deferred Action for Childhood Arrivals (DACA) program. The DACA program essentially guarantees “temporary status” to the eligible recipients, providing “conditional access to work authorization, Social Security Numbers, Advance Parole, and some limited protection from deportation” (AB540 and Undocumented Student Center at UC Davis). The “conditional” aspect of this program means that after every two years, the recipient is expected to renew their applications to re-obtain benefits. In renewing DACA, it does not guarantee that an individual will be approved, considering the external factors that can interfere.
As brought to attention by different platforms, including undocumented and immigrant rights organizations, media, government/ politicians, and DACA recipients themselves, the DACA program faces legal scrutiny. First, in 2017 the Trump Administration sought after a memorandum that attempted to end DACA, claiming its unconstitutionality. Later in 2019, the Supreme Court announced that three cases would be held and the court would decide whether DACA was “lawful”. Then, in 2020, the litigation regarding whether DACA’s was lawful or not continued, resulting in the Supreme Court’s 5-4 decision that allowed DACA to proceed. More recently, last year on July 16, 2021, Federal Judge Hanen from the U.S. District Court for the Southern District of Texas ruled that DACA is unlawful, arguing that it violated the Administrative Procedure Act. It is important to note that at this point, the Court only allowed for the current DACA recipients to continue renewing their application, while blocking USCIS from processing first-time DACA requests (Informed Immigrant). This decision was major within the undocumented and immigrant community, considering that it had denied thousands of undocumented folks the benefits that come with having DACA. A few months later, in September 2021, the Biden administration sought an appeal for the decision to the U.S. Court of Appeals for the Fifth Circuit.
This year, several decisions have contested the legality of DACA. On October 5, 2022, the Fifth Circuit Court of Appeals affirmed the lower court’s decision deciding DACA unlawfulness. That meant, DACA renewals remained open, allowing applications of current receipts to be processed, however, initial DACA applications were still not being processed, approved, or denied. Additionally, Advance Parole remained available for current DACA recipients (Informed Immigrant). During the ending days of last month, on October 31, 2022, it became confirmed that DACA is now a federal regulation, which means that the government agency’s legally binding general rules on how to enforce the law, thus, being more formal than the original executive order of DACA, which makes it more difficult for the program to be remove. Though, regardless of now being a federal regulation, DACA’s legality continues to be challenged in the federal court.
For DACA recipients, and the whole undocumented and immigrant community, this news is not the ideal decision. For many, feelings/reactions and how one is processing all this socio-political chaos truly varies, case by case. Therefore, as an organization seeking to continue supporting our communities, we stand in solidarity and acknowledge that DACA is not enough. DACA will never be enough. A permanent solution is needed, giving undocumented and immigrant folks access to a pathway to citizenship. Only Congress can act, but as allies, we can continue effectively advocating alongside and amplifying the voices of the undocumented and immigrant community. As the Political Chair of LRPLSA, I urge you all to continue using your privileges to support those who the system has continuously failed. If you would like to continue learning more about how you can become an active advocate, I encourage you to engage with the AB540 and Undocumented Student Center at UC Davis and/or join S.P.E.A.K. For Undocumented and Immigrant Rights at UC Davis! Stay empowered and empower others, peace.
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