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Helping You Make Your American Dream Come True

Helping You Make Your American Dream Come True

The Battle for DACA: A Guide to Understanding

On Behalf of | Feb 13, 2023

In 2012, the Obama Administration created a program, the Deferred Action for Childhood Arrivals also known as DACA, to provide temporary protection from deportation to individuals in New Jersey and the rest of the U.S. who entered the U.S. as children and met specific criteria, such as having no criminal record and being in school or having graduated.

Providing opportunities to young immigrants

Despite its benefits to hundreds of thousands of young immigrants, the program has been the subject of political debates in the past, with some seeking to end it and place these individuals at risk of deportation.

The status of DACA was the subject of legal challenges, including a Supreme Court ruling in 2020. In a decision (5-4), the Supreme Court ruled that the Trump Administration’s effort to end the DACA program was “arbitrary and capricious” and, therefore, was unlawful under the Administrative Procedure Act.

Still in place but not open

The Court’s decision allowed DACA to remain in place. It was a significant victory for the approximately 700,000 people who had enrolled in the program and were at risk of losing their protection from deportation. In addition, this ruling allowed DACA recipients to continue to renew their status. Still, new applicants are no longer eligible for the program due to a court ruling in July 2021.

Previous legal battles and future of DACA

The impact of the DACA program on young immigrants has been significant. It has provided a sense of security and opportunities, such as work permits and driver’s licenses, to hundreds of thousands of previously approved individuals for the program.

If you were previously approved for DACA before the court decision in July 2021, your status will remain unchanged as long as you renew it promptly. If you are currently a DACA recipient, you have the option to renew your status and can also request advance parole.