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  • Writer's picturepikespeakimmigration

The Fate of DACA is on the Biden Administration

The Biden Administration is planning to file executive action to protect over 600,000 Deferred

Action for Childhood Arrivals (“DACA”) recipients. We support the DACA program. The DACA

program allows thousands of immigrants who were brought to the United States as children to

work legally in the country without fear of deportation while they have DACA. On October 5,

2022, the 5th Circuit U.S. Court of Appeals ruled that DACA is illegal because it allows

undocumented immigrants to have work permits. However, the Court sent the case back to a

lower court because the Biden administration published new federal rules regarding DACA

while the case was pending on appeal. It is likely that this case will end up in the United States

Supreme Court. Terminating the program would leave thousands of DACA recipients without a

job and without protection from deportation.

President Barack Obama created DACA in 2012, which protects immigrants brought to the

United States as children. Since 2012, DACA has gone through many legal challenges, but this

Fifth Circuit case is the most severe threat. Suppose the 5th U.S. Court of Appeals and the

Supreme Court agree to end DACA. In that case, the Biden Administration will direct

Immigration and Customs Enforcement ICE to lower DACA recipient deportations if they aren’t

a threat to national security or the public. DACA recipients will be at risk of deportation and

forced out of their jobs. An estimated 1,000 DACA recipients would risk losing their jobs each

day within the following year.

Since 2021, DACA has been closed to new applicants, but existing applicants are allowed to

keep renewing their applications and applying for work permits.

If you or anyone you know would be affected by this, please contact Pikes Peak Immigration to

schedule a consultation today.

Please see our recent blog regarding the 5 th Circuit decision:


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