On September 13, 2023, the US District Court for the Southern District of Texas ruled that the Biden Administration’s codification of the Deferred Action for Childhood Arrivals (“DACA”) is not legal. The ruling does not prevent DACA beneficiaries enrolled in the program prior to July 16, 2021, to renew their status. United States Citizenship and Immigration Services (“USCIS”) will also continue to accept new applications from first-time, would-be DACA recipients; However, they will not process any new applications.
Read moreDACA is Codified, but Remains in Jeopardy
The Deferred Action for Childhood Arrivals (“DACA”) program celebrated a decade of existence earlier this year. DACA went into effect as an executive order signed by President Obama to protect undocumented immigrants who arrived in the United States as minors without “the formal agency rulemaking process, which requires public notice and comment”. It was intended as a “stopgap measure to protect some of the nation’s most vulnerable immigrants”, from deportation and allow beneficiaries to obtain work authorization and reside legally in the US. DACA was never meant to be a permanent solution but a means to be used for a limited time until Congress passed new immigration legislation addressing the immigration status of certain undocumented minors.
Read moreWhen Dreamers Find Themselves in Limbo
A decade ago, President Obama signed an executive order instituting The Deferred Action for Childhood Arrivals (“DACA”) program, which protects undocumented immigrants who arrived in the United States as minors. This program acknowledges that the beneficiaries have been raised in the United States and “pledge allegiance to our flag. They are Americans in their heart, in their minds, in every single way but one - on paper.” The program was a temporary solution which does not provide a pathway to permanent residency or citizenship in the United States. Instead, it was intended as a “stopgap measure to protect some of the nation’s most vulnerable immigrants”, known as Dreamers, from deportation. The program also enabled beneficiaries to obtain work authorization and reside legally in the US in two-year intervals. DACA was created as a temporary measure until Congress passed new immigration legislation addressing the immigration status of certain undocumented minors.
Read moreOPINION: Those in Immigration Court Should Be Provided Legal Assistance Regardless of Ability to Pay
It’s a common scene in any episode of Law & Order: the detective puts the suspect’s wrists in handcuffs while reciting: “You have the right to remain silent, anything you do or say can be used against you in a court of law; you have the right to an attorney, if you cannot afford an attorney, one will be provided to you.” (Emphasis mine.) The recognizable “DUN DUN” then gongs as the show goes to a commercial break. It’d be natural to assume, then, that people in all kinds of legal proceedings should have an attorney provided to them, regardless of their ability to pay. In immigration court, however, this is not always the case, as a recent ruling by the 9th Circuit Court of Appeals made clear.
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