DACA In Danger: Biden prepares executive order to protect the program

The government prepares to defend the DACA program in danger of being eliminated by the court.

Deferred Action for Childhood Arrivals (DACA) is in huge danger of being struck down in the coming days at the Fifth Circuit Court of Appeals. More than 600,000 dreamers could lose everything: their legal status in the United States, their jobs, and the right to live without fear of deportation.

In the face of this crisis, the White House announced that it is making plans and organizing a legal defense to protect the DACA program in danger of being dismissed. The chances of success for dreamers are low, but the Biden administration will make its best efforts nonetheless.

At Jaskot Law, we’ll tell you about the Administration’s plans and its possibilities in court. Keep on reading!

What pro-DACA actions will the White House take?

Although the chances of success in the appeals court are minimal, the Biden Administration is planning a pro-DACA executive order. The options are few, but the government is now planning for the possibility of protecting dreamers from deportation, at least temporarily.

The executive order would ask Immigration and Customs Enforcement (ICE) that those young people who arrived as minors and without papers in the United States, and were protected under the DACA program, not be considered a priority for deportation if they do not pose a threat to public safety or national security.

The White House is now pro-immigrant

What will the court define about DACA 2022?

The problem with this order lies in the fact that it is prone to being easily terminated by the next administration. In the end, Court officials are the ones who ultimately determine the future of these types of programs, as it happened in 2020 when it was former President Donald Trump who wanted to remove it and the court decided against it, protecting DACA.

What is happening now is that the situation is reversed; that is, it is the court that has a majority of conservative officials, who will most likely rule that DACA is illegal because it allows undocumented immigrants to work. So it is virtually inevitable that work authorizations for dreamers will be revoked, preventing thousands of people from earning a living and feeding their families in the country.

Dreamers’ lives belong in the United States, and every day they work to build a better country.

The outcome of the Fifth Circuit court’s decision is increasingly pessimistic. Previously, it has taken a position against the Biden administration in a case related to DACA. On top of this, any decision will also go through the Supreme Court, where the conservative majority will undoubtedly vote against the program, thus causing DACA to finally end.

The White House has been defending Deferred Action for months, making plans, and encouraging officials to position themselves in favor of the program for young migrants, to defend the so-called “Dreamers” from deportation. A series of pro-DACA measures were proposed under the name “DREAM act”, which were never passed by Congress. They wanted to review the immigration laws, analyze possible changes, and expand them. However, in spite of their efforts, there was no case.

Joe Biden’s administration’s plans in the event that DACA is terminated have not yet been announced. The conflicts between politicians, and within parties, are dense, but in the air of the national community there is a strong pro-DACA sentiment. Therefore, whatever the decisions in court may be, they will definitely have consequences in the November elections.

At Jaskot Law, we are always open and available for immigration inquiries and questions. In our blog, we bring daily news and changes in immigration policies that may affect the community.