Deferred Action for Childhood Arrivals, known to most as DACA, is a federal program that allows certain immigrants to avoid deportation and obtain renewable work permits. The program was originally created under President Obama, meant to provide relief for the hundreds of thousands of immigrants who were brought to the United States illegally as children. The program has survived several challenges by states and the former presidential administration, but its status remains in limbo.

DACA and the Dreamers

President Obama established DACA because he believed immigrants who are simply working and living their lives in the U.S. should not be punished for actions taken by their parents when they were children. DACA is meant for people who have spent their whole lives in the United States, many of whom speak only English, and who would have no “home” to return to if forced to leave the country. Participants in the program are often called “Dreamers,” a reference to DACA’s failed predecessor, the DREAM Act (Development, Relief, and Education for Alien Minors Act).

To be eligible for DACA, applicants must be between the ages of 15-30, under the age of 21 as of June 15, 2012, have arrived in the U.S. before the age of 16, and have lived continuously in the United States for at least five years. The program allows eligible immigrants to remain in the U.S., work legally, and pay taxes. DACA does not provide permanent legal status but rather provides a renewable work visa.

The Embattled History of DACA

The program has faced several challenges in the years since it was founded. Opponents, including former President Trump, see the program as fostering “open borders,” promoting illegal immigration, and encouraging unaccompanied minors to cross the border. The Trump administration rescinded the program unilaterally. DACA proponents challenged the administration’s actions. On June 18, 2020, the U.S. Supreme Court ruled that the government had failed to follow proper administrative procedure in moving to terminate the program wholesale without proper consideration of more restrained options or the effects of termination.

Although President Trump failed to end DACA, challenges to the program did not end there. On July 16, 2021 a federal court in Texas ruled that the program is unlawful and ordered the Biden administration to stop granting new applications. The case stems from a lawsuit filed by Texas Attorney General Ken Paxton and eight other states arguing that the federal administration did not follow proper administrative procedure in establishing the original program.

The Biden administration appealed the decision to the Fifth Circuit Court of Appeals. The administration argues that DACA was legally established pursuant to the relevant administrative laws. The administration also argues that the states have no cognizable injury from DACA and thus have no standing to sue. Oral arguments in the Fifth Circuit case were held on July 6, 2022; it’s not immediately clear when the court will issue its ruling.

Where Does DACA Stand Now?

In light of the Texas court’s ruling, USCIS is not currently granting any new DACA applications. Nor is the administration considering applications from former DACA recipients whose status expired more than a year ago.

Individuals who were already granted DACA protection prior to July 16, 2021 remain protected by DACA. Current DACA recipients can also still apply to have their work permits renewed. Applicants whose first-time applications were pending at the time of the Texas court’s decision are currently in limbo, on hold while the court’s injunction remains in effect.