DACA Program Faces Uncertainty as Court Hearing Looms: The Future of “Dreamers” at Stake
October 10, 2024 — The Deferred Action for Childhood Arrivals (DACA) program is once again in legal jeopardy as the 5th U.S. Circuit Court of Appeals hears a critical case that could shape the future of nearly 600,000 recipients, often referred to as “Dreamers.” DACA, which provides temporary protection from deportation and work authorization for undocumented immigrants brought to the U.S. as children, has been a topic of intense legal and political debate since its inception in 2012. This latest court battle could determine whether the program will continue, be significantly altered, or come to an end.
Background of DACA
DACA was established by an executive order under former President Barack Obama in 2012 after Congress failed to pass the DREAM Act, which would have provided a path to citizenship for undocumented youth. The program allows eligible individuals, who meet specific requirements, to receive renewable two-year periods of protection from deportation and permission to work legally in the U.S.
DACA has played a crucial role in the lives of recipients, many of whom have lived in the U.S. for most of their lives. These individuals have gone on to become professionals, entrepreneurs, students, and key contributors to the U.S. economy. According to a report by the Migration Policy Institute, DACA recipients contribute nearly $42 billion annually to the U.S. gross domestic product and add $3.4 billion to federal revenue through taxes(
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However, DACA’s future has remained uncertain as multiple legal challenges have questioned its legality, particularly regarding the scope of presidential authority.
The Current Legal Battle
The current case stems from a lawsuit initiated by Texas and several other Republican-led states in 2018, seeking to end the DACA program. These states argue that DACA oversteps presidential authority, asserting that only Congress has the power to create immigration policies like DACA. They also claim that DACA imposes financial burdens on states by requiring them to provide healthcare, education, and other services to undocumented individuals.
The 5th Circuit Court of Appeals has now taken up the case after a lower court ruled in favor of the plaintiffs in 2021. U.S. District Judge Andrew Hanen ruled that DACA was illegally created and should be terminated, but he allowed current recipients to continue renewing their protections while the case proceeds through the courts.
The central question in this appeal is whether DACA exceeds the executive branch’s authority. Texas and other states argue that the program was not properly implemented because it bypassed the formal rule-making process required for significant federal policies. On the other hand, DACA supporters, including the Biden administration, contend that the executive branch has broad discretion in immigration matters and that DACA was created legally under this authority(
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Implications of the Ruling
The outcome of this case has enormous implications for both DACA recipients and the broader immigration system. If the 5th Circuit upholds Judge Hanen’s decision, it could set the stage for DACA’s eventual termination, leaving hundreds of thousands of Dreamers vulnerable to deportation.
Many of these individuals have lived in the U.S. for decades, considering it their home. A decision against DACA could not only strip them of their legal protections but also disrupt their ability to work, attend school, and contribute to their communities.
Moreover, such a ruling could reignite the broader immigration debate in the U.S., particularly regarding how to handle undocumented individuals who were brought to the country as minors. Advocates for DACA have called on Congress to pass permanent legislation that would provide a path to citizenship for Dreamers, something that has garnered bipartisan support in the past but has stalled in recent years.
DACA’s Importance to Recipients and Communities
DACA recipients, often referred to as Dreamers, have made substantial contributions to U.S. society and the economy. Many have completed higher education, started businesses, and taken on roles in healthcare, education, and other essential sectors. A survey conducted by United We Dream, an immigrant rights organization, found that more than 90% of DACA recipients are employed, and many are frontline workers who played a key role during the COVID-19 pandemic.
Despite these contributions, Dreamers continue to live in a state of uncertainty. The temporary nature of DACA protections—recipients must renew their status every two years—creates ongoing stress and instability. If the court ruling goes against them, the result could be devastating, potentially uprooting individuals who have lived in the U.S. for decades.
Bruna Bouhid-Sollod, a former DACA recipient and current political director at United We Dream, highlighted the emotional toll of this legal limbo. “Unless you’re living in it, you don’t think about the impact it has on people waiting for their lives to be decided by this case,” she said in a recent interview(
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Public and Corporate Support for DACA
The DACA program enjoys significant support from the public, corporate America, and various advocacy groups. In recent years, tech giants like Apple, Amazon, Google, and Microsoft have joined forces to urge Congress to pass permanent protections for Dreamers. These companies recognize the economic value of DACA recipients and their contributions to innovation and the workforce.
In October 2022, a coalition of over 60 major corporations sent a letter to lawmakers calling for a bipartisan solution. They argued that ending DACA would result in the loss of valuable employees and disrupt industries reliant on the talents of Dreamers.
Furthermore, polls have consistently shown that a majority of Americans, regardless of political affiliation, support a pathway to citizenship for Dreamers. Despite this broad public backing, Congress has been unable to pass comprehensive immigration reform, leaving the fate of DACA in the hands of the courts
The Road Ahead
The 5th Circuit’s ruling is not expected immediately and could take months to finalize. Depending on the outcome, the case may be appealed to the U.S. Supreme Court, which has already weighed in on DACA in the past. In 2020, the Supreme Court blocked the Trump administration’s attempt to end DACA, ruling that the decision to terminate the program was “arbitrary and capricious.” However, the current case presents different legal arguments, and the Supreme Court’s final decision could determine the program’s fate once and for all.
In the meantime, the Biden administration has continued to accept renewals for DACA but has stopped processing new applications as the legal battle plays out. For DACA recipients, the future remains uncertain as they await the outcome of the courts’ deliberations.
For more updates on the DACA case and immigration policy, visit the National Immigration Law Center or United We Dream. Keep an eye on the U.S. Court of Appeals for the Fifth Circuit for upcoming rulings.