The Deferred Action for Childhood Arrivals (DACA) program has suffered another setback in its quest for survival. A federal court ruled that the executive branch overstepped its authority when creating the program. However, ongoing litigation means that DACA recipients can still retain their protections and renew them while the case is being reviewed. As of March 31, there were 579,000 active DACA holders, a decrease from its peak of over 700,000 participants. With court orders prohibiting new entrants, the population is expected to continue declining.
According to the Migration Policy Institute (MPI), current DACA participants represent around half of the 1.2 million noncitizens who meet the program’s eligibility requirements. Out of this group, approximately 58,000 individuals became eligible for DACA since the Trump administration’s attempt to end the program in 2017, but have been unable to access it due to the court’s ruling.
In response to legal challenges, the Biden administration implemented a federal regulation to strengthen the program. However, U.S. District Judge Andrew Hanen declared the Obama-era program as exceeding executive authority, whether established through a formal regulatory process or not. The decision is likely to be appealed to higher courts, a process that could take several years.
Since the termination of the program by the Trump administration, DACA has been entangled in legal battles, preventing new applicants from joining. Only those who had DACA prior to September 2017 have been able to renew their protections. The number of individuals with DACA has been decreasing since 2018, with eligibility criteria remaining unchanged. If a final court ruling terminates the program, nearly 800 DACA holders could lose their work authorization and protection from deportation every day over the subsequent two years.
While the program has strong value for recipients, evidenced by the high renewal rate, falling participation can be attributed to various factors. Some individuals may have obtained legal permanent resident status, left the country, lost eligibility, or passed away. Others may have chosen not to renew due to uncertainties surrounding the program’s future or concerns about providing personal information to the government.
DACA has had more than 800,000 participants since its inception, with MPI estimating that up to two-thirds of eligible individuals have taken part at some point. Enrollment rates vary based on gender, age, and country of origin. Women have a higher participation rate compared to men, and enrollment is highest among those aged 26 to 30. The lowest participation rate is among individuals aged 16 to 20, who were mostly unable to access the program.
Participation in DACA also differs by country of origin. Mexico has the highest participation rate among the top ten countries, while South Korea has the lowest. Potential reasons for lower participation rates among certain Asian communities include stigma and shame, lack of outreach and knowledge about DACA outside of Spanish-speaking communities, fear of immigration consequences for family members, and difficulties obtaining necessary documents.
Despite declining enrollment, characteristics of current DACA holders have remained relatively consistent. The majority of recipients are from Mexico, followed by El Salvador, Guatemala, Honduras, and Peru. Most recipients fall within the ages of 21 to 30, but there has been a gradual increase in the average age since the program’s termination in 2017. The states with the highest concentration of DACA holders are California and Texas, with the Los Angeles metropolitan area having the largest number of participants. Other significant metro areas include New York, Dallas, Houston, and Chicago.
Overall, the future of the DACA program remains uncertain due to ongoing legal challenges. While current recipients can still benefit from protections and renewals, the population is expected to continue shrinking.
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