The future of the Obama Administration’s Deferred Action for Childhood Arrivals (DACA) program continues to remain in flux in the wake of two recent legal developments. Under DACA, young undocumented aliens who reside in the U.S. and were brought by their parents to the country illegally as children can qualify for work authorization in the U.S. if they meet certain eligibility requirements.
In the first instance, a third federal trial court has now ruled against the Trump Administration’s attempt to phase out the DACA program, and has gone one step further than its sister courts by ordering full restoration of the program if the Administration cannot provide an adequate justification within 90 days for rescinding DACA.
In the second instance, a group of seven states — Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia — have followed through on an earlier threat and have filed a lawsuit in federal court in Texas arguing that President Obama’s 2012 Executive Order creating DACA is unlawful.
In the meantime, although there continues to be bipartisan rhetoric within the U.S. Congress for passing legislation that would authorize some version of DACA, there are no concrete signs that Congress is prepared to act, further exacerbating the uncertainty regarding the future of the program.
For now, DACA remains in place with respect to processing renewals, although no new DACA applications are being accepted, and DACA beneficiaries will continue to be able to legally work in the U.S.
Members of the Center for Workplace Compliance (CWC) can read more here.