Overview

Deferred Action for Childhood Arrivals (DACA) allows young immigrants who grew up in the U.S. to seek temporary protection from deportation and to have the ability to work. For over a decade,  DACA has transformed the lives of more than 834,000 young people.

The road to DACA was hard-fought. Undocumented youth mobilized and organized for years before it became a reality in 2012. Since then, DACA has received broad support, becoming arguably the most popular immigration program in recent U.S. history.

Despite—or perhaps because of—DACA’s profoundly successful impact, anti-immigrant politicians have relentlessly attacked the program since its inception. As a result of these attacks, DACA recipients are forced to live their lives in chronic uncertainty.

Why It Matters

DACA recipients and immigrant youth need the permanency and stability of a pathway to citizenship. Despite many promises over the past decade and broad popular support, Congress has yet to deliver permanent protections or a pathway to citizenship.

At the same time, DACA is under threat in court, with an ongoing legal challenge led by Texas already resulting in a freeze on the granting of DACA initial requests.

Living life in two-year increments and from court decision to court decision takes a heavy toll on current DACA recipients and can have a destabilizing impact on entire families and communities.

DACA Litigation Over the Years

May 3, 2024: Affordable Care Act Expansion for DACA recipients
U.S. Department of Health and Human Services issued a new rule to make DACA recipients eligible to purchase health coverage and subsidies under the Affordable Care Act. The rule is intended to take effect on November 1, 2024 (the start of open enrollment under the ACA). 

August 30, 2024: Kansas v. U.S.
Court: District Court of North Dakota
Kansas and several other states filed suit under the Administrative Procedure Act, challenging the legality of the ACA DACA rule and asking the court to vacate and block the rule.  On September 20, 2024, NILC and pro bono counsel Gibson Dunn LLP moved to intervene on behalf of CASA and three individual intervenors with DACA who are planning to enroll in qualified ACA health insurance plans under the rule. CASA and individual Defendant Intervenors also filed a motion to dismiss North Dakota as a Plaintiff and transfer the case to U.S. District Court for the District of Washington, D.C.  Oral Argument on the Plaintiff States’ Motion for Preliminary Injunction will be held on October 15, 2024, at the U.S. District Court for the District of North Dakota. 

October 10, 2024 – Texas v. U.S.
Court: Fifth Circuit Court of Appeals
The Fifth Circuit Court of Appeals holds oral arguments in Texas v. U.S., reviewing the district court’s decision finding the 2022 DACA rule unlawful. Arguments focus on the suing states’ standing, the severability of the rule, and the proper scope of remedy.

January 17, 2025 – Texas v. U.S.
Court: Fifth Circuit Court of Appeals
The Fifth Circuit Court of Appeals issued a decision modifying the injunction but keeping the stay pending appeal which would mean that renewals can continue for existing DACA recipients.  The 5th Circuit limited its decision to Texas, and sent the case back to the district court with an instruction to sever the forbearance from deportation provision from the work authorization, meaning that  no more work permits would be granted (only protection from deportation). The timing for this to go into effect is unclear. Status quo remains the same (people everywhere can continue to renew if eligible).  

National Immigration Law Center

 

Established in 1979, the National Immigration Law Center (NILC) is one of the leading advocacy organizations in the U.S. dedicated to advancing and defending the rights and opportunities of low-income immigrants and their loved ones.

Resources for Employers

Resources for DACA Workers

Other Resources

 
 

 DACA Data