By J. Lavetsky, Esq.
Beacon Immigration PLLC
September 17, 2023
Life in limbo continues for DACA recipients across the U.S. Since 2012, the DACA program (Deferred Action for Childhood Arrivals) has provided for work authorization and protection from deportation for immigrants who were brought to the U.S. as children. Last week, a judge in Texas declared that while the DACA program is unlawful, current DACA recipients will nonetheless be allowed to maintain their immigration status by filing a renewal application every two years with U.S. Citizenship and Immigration Services and paying a $495 fee.
A System in Decline
In other words, business as usual, and life continues its limbo for the nearly 600,000 young people that remain in the program. The dubious ruling is the latest in a series of court cases and executive orders that have marked an era of skepticism toward U.S. immigration. In 2017, for example, the Trump administration moved to eliminate DACA by executive action, while in 2015, the Obama administration’s attempt to create a similar program for parents of U.S. citizens was stymied in court.
It’s not just DACA. International students are studying less at U.S. universities and are instead choosing places like Canada, the UK, Germany, and Australia. In a hot labor market, Congress refuses to increase the number of H-1b visa allowances for talented professionals, while sponsoring an employee’s green card can take two or more years. Many of these young professionals make the unfortunate choice to move back home or to a more welcoming country after their immigration status expires in the meantime, and the U.S. loses out on the entrepreneurialism and dynamism of thousands of immigrants or children of immigrants who might otherwise go on to create successful companies in the U.S., such as Google, Apple, and Costco, among others.
What is to Be Done?
Sadly, it’s unlikely that we will be rid of this malaise in the U.S. immigration system any time soon. Considering all this, and the DACA ruling last week, the question arises: what can DACA recipients and other immigrants do to secure their long-term future in the U.S.? How can immigrants in limbo be awarded permanent residence status (a green card) and eventually become American citizens?
We wrote an article about this recently that discusses some legal options, but in brief, for many, the best way will be either through marriage with a U.S. citizen, or employment sponsorship. Neither is an ideal solution, for various reasons. The reality is that DACA recipients deserve citizenship simply because they have called the U.S. their home since they were children, when they had no say in the matter; they are Americans in all but letter.
In the meantime, life goes on for DACA. Participants in the program will continue to work, study, and live here, just like anyone else. But it’s unfortunate that this sword of Damocles maintains its unsettling presence. The limbo continues.
If you need help applying for a green card, a work permit, advance parole, or anything else, please contact Beacon Immigration today: +1 845.288.2435 / beaconimmigrationlawyer@gmail.com.
Beacon Immigration PLLC is a law firm located in the Hudson Valley of New York at 6 Eliza Street, Suite 5, Beacon, NY 12508 (Dutchess County).
