The federal government is expected to start accepting new applications for a program that allows certain individuals without legal immigration status to reside and work in the United States.
Federal government attorneys and immigrant advocates have submitted plans to a federal judge to reopen the application process for the Deferred Action for Childhood Arrivals program, commonly referred to as DACA.
One state — Texas, where the case is being heard — however, would be exempted from providing work permits.
It is anticipated that hundreds of thousands of individuals might qualify to enroll in DACA once a federal judge issues a formal order based on the Department of Justice’s legal plan submitted on Monday. Established during the Obama administration, the program provides renewable two-year permits for those brought into the U.S. as children by their parents, permitting them to live and work legally in the country.
This program allows individuals brought to the U.S. as children to temporarily stay and receive work permits. While it does not grant legal status, it protects recipients from deportation.
To be eligible, applicants must have entered the U.S. as children before turning 16, been under 31 as of June 15, 2012, and have no felony, significant misdemeanor, or three misdemeanor convictions. Restrictions might apply concerning work permits for residents of Texas, which sued over DACA in 2018.
Nothing changes yet
On Monday, DOJ lawyers presented the proposal to U.S. District Judge Andrew S. Hanen amid the ongoing Texas lawsuit. This would enable U.S. Citizenship and Immigration Services to accept new and renewal DACA applications nationwide, a process that has been halted for four years.
In Texas, USCIS would take new and renewal applications for the DACA program but recipients residing in the state will not receive a work permit.
Attorneys representing DACA recipients proposed adding a wind-down period that would allow Texas residents to keep their work authorization for one more renewal period.
These proposals follow an earlier decision from the 5th U.S. Circuit Court of Appeals allowing the program to continue with the work permit carveout in Texas.
The federal government and attorneys for DACA recipients have two more opportunities in October to file responses to the proposals submitted this week. Hanen, based in Houston, will then decide what proposal or combination of proposals to implement in his order.
Caution advised
Immigrant advocates are not celebrating yet but believe thousands may be eligible for the program. Aside from the over 533,000 who are enrolled already in DACA, about 1.1 million people may be eligible across the country, according to a 2023 estimate from the Migration Policy Institute.
People interested in applying were urged to start preparing. “While we are still waiting for an official decision, we believe our communities and families should be prepared and begin gathering the required documents,” Michelle Celleri, Legal Rights Director for Alliance San Diego, said in a statement.
Other advocates are cautiously optimistic. Juliana Macedo do Nascimento, a spokesperson for United We Dream, pointed to a section in the government’s proposal that could hint at changes. “These proposals do not limit DHS from undertaking any future lawful changes to DACA,” the government’s proposal said in Monday’s filing.
“We need to be able to look at this in a fuller picture than just this case, because we’re seeing the administration detain and deport DACA recipients,” Macedo do Nascimento said on Wednesday.
