On Shaky Ground: The Future of DACA in the Courts and the Search for a Permanent Fix

The Deferred Action for Childhood Arrivals (DACA) program is a lifeline for over 500,000 young people, granting them temporary protection from deportation and the ability to work legally.

However, the program has been in legal limbo for years, with its fate resting on the rulings of one federal judge and the uncertain will of Congress. Here is a clear update on where DACA stands today and what legal and legislative changes could happen next.

The Court Battle: A Tightrope Walk

The fate of DACA rests largely on a lawsuit filed by the state of Texas, which argues that the program was created unlawfully. While the Biden administration attempted to strengthen DACA by turning it into a formal regulation (the 2022 Final Rule), the federal courts have repeatedly found the program to be illegal.

What’s the Current Status?

The most recent decisions from the courts leave DACA in a paradoxical state:

Renewals Continue (for now): If you are a current DACA recipient, you can and should continue to renew your status and your Employment Authorization Document (EAD). Federal courts have paused (or stayed) their final ruling for all current recipients to prevent chaos.

Action Item: USCIS strongly recommends filing your renewal 120 to 150 days before your expiration date.

Initial Applications Are Blocked: USCIS is prohibited from processing new, first-time DACA applications. This injunction means that thousands of young people who became eligible in recent years remain locked out of the program.

The “Texas” Problem: The Fifth Circuit Court of Appeals has sent the case back to the original judge in Texas to determine a crucial detail: whether the right to a work permit can be “severed” (split off) from the protection from deportation. If the judge rules that work permits are unlawful, DACA recipients in Texas (and potentially nationwide) could lose their EADs, even if their deportation protection remains.

Bottom Line: DACA is currently running on borrowed time, protected only by temporary court orders that can be lifted at any moment, likely sending the case to the Supreme Court next.

The Path to Permanency: What Congress is Considering

Legal experts agree that the courts cannot save DACA permanently; only Congress can. Legislative efforts, often called “Dream Acts,” aim to create a lasting pathway to citizenship.

One of the most comprehensive recent proposals is the Dignity Act. Here is what that bill, or similar legislation, proposes for DACA recipients and Dreamers:

1. Conditional Permanent Resident Status (The Dreamer Track)

The Dignity Act includes a version of the Dream Act, which would allow DACA recipients and other Dreamers to apply for Conditional Permanent Resident (LPR) Status.

Requirements: To qualify, an individual would generally need to have:

• Arrived in the U.S. at age 18 or younger.
• Completed a background check.
• Graduated high school or obtained a GED.

Benefits: This conditional status would be valid for up to 10 years, providing genuine legal status, protection from deportation, and work authorization.

2. The Pathway to Full Citizenship

After completing the conditional LPR period, Dreamers would be eligible to apply for full Lawful Permanent Residency (a Green Card) and eventually citizenship by meeting one of the following criteria:

• Obtaining a college degree or post-secondary credential.
• Serving at least three years in the U.S. military.
• Maintaining employment for at least four years of the conditional period.

3. The Dignity Program (A Broader Solution)

In addition to the Dreamer track, the bill also proposes a Dignity Program for the broader undocumented population. This program would grant a renewable legal status, work authorization, and protection from deportation in exchange for passing background checks and paying fines, but it is not a pathway to citizenship.

What DACA Recipients Should Do Today

The uncertainty surrounding DACA means proactive planning is essential:

Renew Early: Submit your renewal application and fees within the recommended 120- to 150-day window to avoid losing work authorization due to USCIS processing delays.

Explore All Options: Speak with an experienced immigration attorney to see if you qualify for any other forms of relief (like a U Visa, asylum, or a family-based petition) that would offer a more permanent solution than DACA.

Stay Engaged: The political fate of the program remains in the hands of Congress. Continue to monitor legislative updates and engage with advocacy organizations pushing for a permanent Dream Act.