How Could DACA Rules Change in 2025?
Immigration issues seem to be in a constant state of flux, which is putting those who need visas or renewals on their paperwork on edge. On January 17, 2025, a decision regarding the DACA final rule was issued by the Fifth Circuit Court of Appeals. The rule stated that no new initial DACA requests will be processed at this time.
DACA renewal requests and the accompanying applications for employment authorization will continue to be accepted and processed. While this may change, current DACA grants and employment authorizations remain valid. The majority of DACA requests for renewal will be processed within 120 days, in the order they are received.
During 2023, the average processing time for DACA renewals was about a month. Despite this, DACA recipients are asked to submit renewals between four and five months before their expiration—but not more than 150 days before expiration. Speaking to a highly skilled Lombard, IL immigration attorney can be a good first step for those with questions about DACA.
What is the History of DACA?
The DACA (Deferred Action for Childhood Arrivals) program was created in 2012 to address the young adults who were brought to the U.S. as children, providing them with work authorizations. Eligibility for the DACA program included:
- Individuals must have arrived in the U.S. before June 15, 2007, and prior to turning 16.
- Individuals must be enrolled in school, have completed high school or its equivalent, or must be veterans.
- Eligible individuals must have no lawful status in the U.S. as of June 15, 2012.
The DACA program has enabled more than 900,000 immigrants to stay in the United States, go to school, and make contributions through their employment. DACA was codified in 2022, but the new administration is not accepting new applications. Currently, about one in four DACA recipients reside in California, another 17 percent live in Texas, and about 5 percent live in Illinois. The remainder are spread across the United States. At least half of all DACA recipients are under the age of 36.
The majority of DACA recipients live in a family with at least one full-time worker, with more than half of DACA adults working full-time. Despite the high rates of employment for DACA recipients, about 43 percent have incomes that are below 200 percent of the federal poverty level. For those born in the United States, this number is about 26 percent for comparison. This disparity reflects a disproportionate employment in lower-wage jobs among DACA recipients.
The DREAM Act of 2023 was meant to provide a pathway to lawful permanent resident status and citizenship for those who were brought to the U.S. as children and met certain requirements, but whether this Act will be valid going forward is currently unknown. Since DACA recipients are not U.S. citizens, there is concern about the future and whether they could be deported. The new administration has already ended many other immigration protections, including the Temporary Protected Status, refugee programs, and the CBP One app.
DACA recipients are currently at least semi-protected from deportation as long as they renew their status as required. However, fear exists as to whether that will remain true. A middle-school teacher in Miami who had DACA status was recently deported to Honduras, and this has left many DACA recipients concerned about their futures.
Contact a DuPage County, IL Immigration Attorney
Whether you are a DACA recipient or have other immigration issues, it can be extremely beneficial to speak to a Naperville, IL immigration attorney from Mevorah & Giglio Law Offices. Attorney Mevorah has been serving the needs of immigrants throughout Northern Illinois for more than 40 years. To schedule your free consultation, call 630-932-9100.