Are Your a New York DACA Applicant?

The Deferred Action for Childhood Arrivals (DACA) program has helped many people who were brought to the U.S. as children to avoid potential deportation and removal proceedings and immigration detention. However, as a recent New York court decision demonstrates, DACA protections are not enough. Congress needs to act by passing legislation that will provide people who were brought to the U.S. as children with a path to citizenship. A New York immigration attorney at Pozo Goldstein can help a New York DACA applicant understand their rights and other potential options for immigration.

First-Time DACA Applicants Denied Processing

On August 3, a New York judge denied a petition by more than 80,000 DACA applicants to order the Department of Homeland Security to restart processing first-time applications. The petitioners were asking the court to resolve confusion caused by DHS’s interpretations of both the 2020 New York order that ordered the government to resume accepting first-time applications, renewals, and advance parole requests under DACA and a 2021 Texas court order that barred new applications. DHS has interpreted these disparate orders to mean that while the agency can accept new applications, it can’t process them.

Under the New York Judge’s Aug. 3, 2022, decision, the court did not believe that it could order the DHS to change how it defines its responsibilities under the earlier rulings. The court stated that doing so would only serve the purpose of getting around the injunction issued by the Texas court rather than effectuating the 2020 New York order.

The judge acknowledged that young undocumented immigrants who otherwise qualify for DACA need certainty and deserve justice to be able to plan their lives in the U.S. However, he stated that the court couldn’t do so on its own. He acknowledged that the DACA program has been critical in protecting tens of thousands of people who entered the U.S. as children and do not consider any other country as their home.

Many New York DACA applicants submitted applications for the first time following the 2020 New York order. However, they were left waiting for decisions when the Texas court’s order was issued in 2021. While they have been able to submit applications, DHS has not been able to grant them.

The New York judge stated that the applicants have suffered tangible harm because of the Texas court’s order. However, he also explained that their change in circumstances was not linked to the objective of the New York 2020 order.

More than 80,000 first-time applicants were affected by the court’s order. They are young people who arrived as children but who didn’t apply for DACA until 2020 or later. While they have paid the $495 fee and applied for DACA, they remain at risk of being detained and deported.

DACA only offers temporary protection, and many people can’t access it. Congress has repeatedly failed to act to reform the immigration system and provide a path to citizenship to young immigrants who are eligible for DACA. Without DACA protections, young people can’t get permits to work or access health insurance or education. Instead, they continue to remain in limbo and in fear of being deported to countries they don’t remember and don’t know. People who do have DACA protection also face the threat of the program being ended, which could disrupt their lives and careers and subject them to removal proceedings.

The DACA program was started by former President Barack Obama in 2020. He issued an executive memorandum that initiated DACA. Since that time, multiple legal challenges have been filed against DACA, which could potentially threaten hundreds of thousands of young people in the U.S. By applying for DACA, young immigrants have come forward and exposed themselves to potential repercussions if the program is ended.

Talk to an Immigration Lawyer at Pozo Goldstein

If you are a New York DACA applicant who is concerned about what might happen if DACA ends, you should speak to the experienced immigration attorneys at Pozo Goldstein. We can help you explore other potential avenues through which you might be able to remain in the U.S. legally. Our law firm is comprised of a former judge and former immigration prosecutors, and we have extensive experience handling immigration matters. Contact us today for a consultation by calling (212) 201-9031.