Kara Sears
The Deferred Action for Childhood Arrivals (DACA) program has been a contentious issue in American politics since its inception in 2012. Established by the Obama administration, DACA provides temporary protection from deportation and eligibility for work authorization to undocumented immigrants who entered the United States as children. While DACA has received broad support and is considered a profoundly successful program, it has also faced relentless attacks from anti-immigrant politicians. The program's existence has been challenged in the courts, with rulings declaring it unlawful and attempts by the Trump administration to phase it out. Despite Congress's failure to pass the DREAM Act, which would provide a pathway to permanent residency and citizenship for DACA recipients, the Biden administration has taken steps to preserve and fortify DACA policies through executive action. The future of DACA remains uncertain, with ongoing litigation and the program's dwindling applicability over time.
| Characteristics | Values |
|---|---|
| Current number of DACA recipients | 538,000 |
| Date DACA was established | June 2012 |
| Established by | Obama Administration |
| Eligibility criteria | Entered the U.S. before June 15, 2007, and were under 31 as of June 15, 2012 |
| Current status | Uncertain, due to ongoing litigation |
| Current grants | Remain valid until they expire, unless individually terminated |
| DACA recipients' work authorization | Authorized |
| DACA recipients' health insurance coverage | Limited options |
| DACA recipients' ability to apply for citizenship | No pathway to citizenship |
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What You'll Learn
- The DREAM Act bill, which would provide a pathway to permanent residency for undocumented immigrants
- The Biden Administration's expansion of Marketplace coverage to DACA recipients
- The Trump administration's rescission of DACA, triggering multiple lawsuits
- The DACA program's establishment by the Obama Administration in 2012
- The future of the DACA program, which is uncertain due to ongoing litigation
The DREAM Act bill, which would provide a pathway to permanent residency for undocumented immigrants
The Development, Relief, and Education for Alien Minors (DREAM) Act is a piece of proposed legislation that would grant conditional residency, with the right to work, to undocumented immigrants who entered the United States as minors. If these individuals meet further qualifications, they can attain permanent residency and eventually apply for citizenship.
The DREAM Act was first introduced in 2001 by Senators Dick Durbin (D-IL) and Orrin Hatch (R-UT). Since then, over 20 versions of the bill have been introduced in Congress, with the latest version being introduced in 2021. While the bill has received bipartisan support and passed in the House on several occasions, it has never become law due to failing to overcome filibusters in the Senate.
The DREAM Act outlines a three-step process for undocumented immigrants to obtain citizenship. Firstly, individuals must obtain conditional permanent resident (CPR) status, which includes work authorization. To be eligible for CPR status, individuals must meet specific requirements, including having DACA status, graduating from high school or obtaining a GED, and not having a criminal record. After maintaining CPR status for a certain period, individuals can then apply for Lawful Permanent Resident (LPR) status. Finally, after spending five years as an LPR, individuals can apply for U.S. citizenship.
The DREAM Act also includes provisions to improve accessibility to college in-state tuition and financial aid for undocumented youth and immigrants. Additionally, the Act would terminate deportation proceedings for eligible individuals and allow those deported under the Trump administration to apply for relief from outside the country.
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The Biden Administration's expansion of Marketplace coverage to DACA recipients
The Deferred Action for Childhood Arrivals (DACA) program has been a contentious issue in American politics for many years, with legal challenges and legislative attempts to codify it into law. On January 20, 2021, President Joe Biden issued an executive order reinstating DACA, which had been rescinded by the Trump administration in 2017. However, this was met with legal challenges, and on July 16, 2021, a federal judge ruled that the program was "created in violation of the law."
Despite these setbacks, the Biden administration has made significant efforts to expand access to health care for DACA recipients. On November 1, 2024, the Biden administration published regulations that updated the definition of "lawfully present" to include DACA recipients, allowing them to purchase coverage through the Affordable Care Act (ACA) Marketplaces and receive tax credits to help pay for premiums and cost-sharing. This expansion was expected to provide health coverage to up to 100,000 previously uninsured DACA recipients.
The Biden administration's commitment to ensuring affordable, quality health care for all, including DACA recipients, is evident in their policies. They believe that "health care is a right, not a privilege," and that DACA recipients who have built their lives in the United States deserve access to health care coverage. This is especially important considering that DACA recipients are currently three times more likely to be uninsured than the general US population.
However, the expansion of Marketplace coverage to DACA recipients has faced legal challenges and opposition. As of January 2025, DACA recipients in 19 states are ineligible to enroll in ACA Marketplace coverage due to court decisions blocking the implementation of the expansion. The Trump administration is also moving forward with plans to eliminate the coverage expansion. In August 2024, a group of 19 states filed a lawsuit against the Biden administration, alleging that the ACA health coverage expansion for DACA recipients violated the Administrative Procedure Act.
Despite these challenges, the Biden administration continues to defend its expansion of Marketplace coverage to DACA recipients. In December 2024, they sought a stay on the federal court's ruling blocking the expansion in the 19 states but were denied. The outcome of this legal battle remains to be seen, and it is unclear whether the Trump administration will appeal a ruling eliminating or limiting the coverage expansion.
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The Trump administration's rescission of DACA, triggering multiple lawsuits
The Trump administration's rescission of DACA, or Deferred Action for Childhood Arrivals, triggered multiple lawsuits and legal challenges. In June 2017, the U.S. Department of Homeland Security under President Donald Trump rescinded the expansion of DACA and began reviewing the program as a whole. This led to widespread concern and legal action as DACA provided temporary protection from deportation and work authorization for certain individuals who came to the United States as children without legal status.
In September 2017, the Trump administration announced a plan to phase out DACA, which sparked legal challenges from various entities, including individual DACA recipients, Democratic attorneys general, and educational institutions like the University of California. These lawsuits argued that the rescission of DACA was arbitrary and capricious, and in violation of the Administrative Procedure Act (APA). They also highlighted the potential economic and societal costs of ending DACA, as well as the racial animus that may have motivated the decision.
The legal challenges resulted in a significant development in 2020 when the U.S. Supreme Court issued a 5-4 decision, finding that the Trump administration's termination of DACA was reviewable by the courts and done in an arbitrary and capricious manner, violating the APA. This decision marked a pivotal moment in the efforts to protect the rights and status of DACA recipients.
Despite the Supreme Court's ruling, the legal battle over DACA continued, with lower courts issuing conflicting rulings. In July 2021, a district court judge ruled that the program was "created in violation of the law," barring new applications but allowing renewals during the appeals process. This ruling was affirmed by the Court of Appeals for the Fifth Circuit, creating further uncertainty for DACA recipients.
In summary, the Trump administration's decision to rescind DACA sparked a series of lawsuits and legal challenges that reached the highest levels of the U.S. judicial system. The outcome of these cases has had, and continues to have, a significant impact on the lives of DACA recipients, their families, and their contributions to American society and the economy. The ongoing legal battles highlight the complex nature of immigration policy and the enduring quest for legislative solutions to provide permanent relief and stability for those affected.
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The DACA program's establishment by the Obama Administration in 2012
The Deferred Action for Childhood Arrivals (DACA) program was established by the Obama Administration in June 2012. It was announced by President Barack Obama on June 15, 2012, the 30th anniversary of Plyler v. Doe, a Supreme Court decision that barred public schools from charging undocumented immigrant children tuition. DACA was implemented as an executive action, following a failed congressional attempt at comprehensive immigration reform. It provided temporary protection from deportation and access to other opportunities, including work eligibility, for undocumented immigrants who came to the United States as children. Since 2012, more than 800,000 people have been enrolled in the program, including more than 200,000 who served on the front lines of the COVID-19 response.
The establishment of DACA by the Obama Administration in 2012 was a significant moment in the ongoing debate over immigration policy in the United States. The program was created to provide relief to undocumented immigrants who entered the country as children and had lived there for a significant period. DACA offered these individuals protection from deportation and the opportunity to pursue education, employment, and a better life without fear.
The specific guidelines for DACA were outlined in a memorandum from the Secretary of Homeland Security, Janet Napolitano, on June 15, 2012. The memorandum, titled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children", described the criteria for granting or reviewing an individual's deferred action status. To be eligible for DACA, recipients could not have felonies or serious misdemeanors on their records. They must have entered the United States before their 16th birthday and continuously resided in the country since June 15, 2007. Additionally, they must have been physically present in the United States on June 15, 2012, and had no lawful immigration status on or before that date.
The U.S. Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security, began accepting DACA applications in August 2012. The program has undergone several policy and processing changes over the years, with the Trump administration attempting to phase it out in 2017, triggering multiple lawsuits. Despite legal challenges and political debates, DACA has provided stability and opportunities for hundreds of thousands of young people, often referred to as "Dreamers."
While DACA has been a crucial program for many, it does not provide a path to citizenship or legal status. It is a temporary solution, and as of 2025, the legal status of DACA remains uncertain, with ongoing court challenges and debates over its constitutionality. The Biden administration has taken steps to preserve and fortify DACA policies, but a permanent solution for Dreamers is yet to be established.
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The future of the DACA program, which is uncertain due to ongoing litigation
The future of the Deferred Action for Childhood Arrivals (DACA) program is uncertain due to ongoing litigation. The program has been challenged in court several times since 2017, when the Trump administration announced its plan to phase out DACA. While federal judges initially ruled in favor of DACA, the legal battle has continued, with lower courts finding the program unlawful in 2021 and 2023. The Supreme Court could decide the fate of the program within the next two years, and their ruling will likely determine once and for all if the protections provided by DACA can remain in place.
DACA provides protection from deportation and legal work authorization to more than 500,000 undocumented individuals who came to the U.S. as children. The program has helped keep families together and allowed young people to build their lives and careers in the U.S. However, eliminating DACA would likely have negative consequences for the mental and physical health of recipients and their families, as well as significant economic costs.
The Biden administration has taken steps to protect DACA, issuing an executive order reinstating the program in 2021 and publishing regulations to expand eligibility for ACA marketplaces for DACA recipients in 2024. However, as of 2025, DACA recipients in 19 states are ineligible to enroll in ACA Marketplace coverage due to pending court challenges. The Centers for Medicare and Medicaid Services (CMS) have also sought to exclude DACA recipients from the definition of "lawfully present" immigrants for the purposes of health coverage, which would make them ineligible for purchasing coverage through the ACA marketplaces across the U.S.
The ongoing litigation has created uncertainty for DACA recipients and prevented the government from processing requests from new applicants. While current DACA recipients can continue renewing their protections, the number of people who are eligible for DACA is decreasing over time due to requirements such as entering the U.S. before June 15, 2007, and being under the age of 31 as of June 15, 2012.
The DREAM Act, which would provide a pathway to permanent residency and citizenship for undocumented immigrants brought to the U.S. as children, has been proposed in Congress several times since 2001 but has never passed. The future of the DACA program remains uncertain as the legal battle continues, with the Supreme Court likely to play a pivotal role in its ultimate fate.
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Frequently asked questions
DACA stands for Deferred Action for Childhood Arrivals. It was established by the Obama Administration in June 2012.
The DREAM Act bill, which would have provided a pathway to permanent residency for undocumented immigrants brought to the United States, was considered by Congress in 2007. However, it failed to pass. The American Dream and Promise (DREAM) Act of 2023 could provide a pathway to lawful permanent resident status and eventually citizenship for undocumented immigrants who were brought to the U.S. as children.
The future of the DACA program remains uncertain due to ongoing litigation. Since 2021, the DHS has been unable to process first-time DACA applications due to court challenges. However, they have continued to process DACA renewal requests.
To be eligible for DACA, individuals must have entered the U.S. before reaching their 16th birthday, have continuously resided in the U.S. since June 15, 2007, and have been physically present in the country on June 15, 2012. They must also be currently enrolled in school, have graduated or obtained a certificate of completion from high school, or be an honorably discharged veteran.
Yes, individuals with DACA status can be authorized to work. However, they have limited options for health insurance coverage as they are ineligible for federal health programs such as Medicaid and the Affordable Care Act (ACA) Marketplaces.
