The Deferred Action for Childhood Arrivals (DACA) program has been in an uncertain status since Trump took office in 2017. The program, which the previous administration had enacted via executive order in 2012, provided limited protections from deportations for individuals with no legal immigration status who had arrived in the U.S. at an early age.
Upon taking office, the Trump Administration immediately announced its intent to end the program, giving Congress six months to pass legislation to authorize the program. Legislative efforts failed, which resulted in litigation over the authority of the Trump Administration to end the program without an accurate, rational, and legally sound reason for doing so. The U.S. Supreme Court recently heard arguments in the case, with the high Court’s opinion likely to issue this summer.
According to Immigration and Customs Enforcement (ICE), every DACA recipient whose deportation proceedings previously were subject to administrative closure now will see their cases reopened. These cases involve individuals with no criminal or only minor criminal records, which was a prerequisite for achieving DACA status. Advocates have reported the reopening of cases in Arizona, Missouri, and Nevada, with ICE confirming that this trend will continue nationwide.
Some DACA recipients have already received notice of impending deportation proceedings. Some of these cases are nearly a decade old. For instance, a 33-year-old Arizona resident received notice of the reopening of her deportation proceedings. She has lived in the U.S. since she was six years old. Now she fears that she will be deported to Mexico and forced to leave her husband and two young children behind.
Although the federal government claimed in oral arguments before the U.S. Supreme Court last fall that DACA recipients or the so-called “Dreamers” would not be deported, the actions of ICE to reopen the administrative-closed deportation proceedings suggests otherwise.
The immigration lawyers of Peek & Toland have handled the legal immigration matters of countless individuals and businesses. We are here to protect your rights and advocate on your behalf. Our goal is to get the best outcome possible in your situation. Call our office today at (512) 474-4445 to set up an appointment with our immigration attorneys.