DACA Restoration and Expansion Under Biden

Oct - 25
2023

DACA Restoration and Expansion Under Biden

The Deferred Action for Childhood Arrivals (DACA) program has been a lifeline for hundreds of thousands of young immigrants in the United States who came to the country as children. Introduced under the Obama administration in 2012, DACA provided temporary protection from deportation and work authorization to undocumented immigrants who met certain criteria. However, the program faced significant legal and political challenges under the Trump administration, which sought to terminate it.

Since President Joe Biden took office in 2021, the Biden administration has worked towards restoring and expanding the DACA program. This article explores the restoration and expansion of DACA under Biden, its current status, and what it means for Dreamers in 2025.


What is DACA?

The DACA program was established to protect undocumented immigrants who were brought to the United States as children, commonly referred to as Dreamers. To qualify for DACA, applicants must have arrived in the U.S. before turning 16, continuously lived in the country since June 15, 2007, and met other criteria such as completing high school or serving in the military.

Under DACA, eligible individuals were granted deferred action, meaning they could not be deported for a specified period (renewable every two years), and were provided with the ability to work legally in the U.S. While the program did not provide a pathway to citizenship, it allowed Dreamers to live without fear of deportation and pursue their education and careers.


DACA’s Legal Journey and Challenges

While DACA provided protection to nearly 700,000 individuals at its peak, the program has faced significant legal challenges over the years. Under the Trump administration, the program was officially ended in 2017, though legal battles ensued. In 2020, the U.S. Supreme Court ruled that the Trump administration’s decision to terminate DACA was unlawful, allowing the program to continue temporarily. However, Trump’s administration still worked to limit its scope and prevent new applications.

With President Biden’s election in 2020, the future of DACA shifted. Biden, who had been a strong advocate for Dreamers throughout his political career, made restoring and expanding the program a priority upon taking office.


DACA Restoration Under Biden

One of President Biden’s first actions in office was to sign an executive order aimed at restoring the DACA program. The executive order directed the Department of Homeland Security (DHS) to reinstate the program and protect Dreamers. Biden’s goal was to preserve the protections DACA offered while also pushing for a more permanent solution through legislation.

Key aspects of the DACA restoration under Biden include:

1. Reinstating Initial DACA Protections

  • New Applications: Biden’s administration made efforts to reinstate the ability for new applicants to apply for DACA protection, reversing the Trump administration’s decision to stop processing new applications.

  • Renewals: DACA recipients were allowed to renew their protections, ensuring they did not face deportation or loss of work authorization.

  • Work Authorization: The restoration of work permits for Dreamers allowed them to continue supporting themselves and contributing to the U.S. economy.

2. Expansion of DACA Coverage

In addition to restoring the program, the Biden administration aimed to expand the program’s coverage by including more immigrants who might have been excluded during the Trump years. This expansion involved:

  • Extending eligibility: Biden sought to make more individuals eligible for the program by reviewing the criteria and potentially expanding the number of Dreamers who could benefit.

  • Improved Access: The administration worked to simplify the application process, making it easier for those who qualify to apply and receive DACA benefits.


DACA’s Expansion: What’s New Under Biden?

While the restoration of DACA was an immediate priority, President Biden’s administration has also focused on expanding the program. Some of the proposed changes and expansions include:

1. Streamlining the Application Process

The Biden administration has worked on making the application process easier and more accessible. Efforts have been made to:

  • Reduce Backlogs: The goal is to speed up processing times for applications and renewals, which have been backlogged for years.

  • Improved Access to Legal Help: There have been efforts to connect applicants with legal services to assist with their DACA applications, ensuring a smoother and faster process.

2. Potential for Path to Permanent Status

Biden has also emphasized the importance of working towards comprehensive immigration reform that would provide a permanent path to citizenship for Dreamers. While DACA itself does not offer a direct route to citizenship, there have been discussions about expanding protections for Dreamers and providing a legal pathway to permanent residency and citizenship.

The Dream Act, a legislative proposal that would provide Dreamers with permanent residency, has been a key goal for Biden. While the Dream Act has yet to pass, Biden continues to advocate for its inclusion in immigration reform.

3. Deferred Action for Parents of DACA Recipients (DAPA)

The Biden administration has expressed interest in expanding DACA to include the parents of DACA recipients, a policy known as Deferred Action for Parents of Americans (DAPA). Although DAPA has not yet been fully implemented, Biden’s administration continues to explore avenues for providing relief to families of Dreamers.


Challenges and Uncertainty for DACA

Despite significant strides under the Biden administration, DACA’s future remains uncertain. While Biden has worked to restore and expand the program, the legal landscape continues to evolve.

  • Ongoing Legal Challenges: The restoration and expansion of DACA face ongoing legal battles. Texas and other states have filed lawsuits to terminate the program entirely, and the U.S. Supreme Court may ultimately decide its fate.

  • Legislative Solutions Needed: While Biden has restored DACA, only a permanent legislative solution can provide Dreamers with lasting security. The Dream Act or other immigration reform measures would need to pass through Congress to secure a path to citizenship for Dreamers.


What Does DACA Restoration Mean for Dreamers in 2025?

As of 2025, Dreamers who benefit from DACA are still under protection from deportation and can continue to work and study in the U.S. However, uncertainty looms over whether the program will continue to be upheld in court or if Congress will pass broader immigration reforms.

For Dreamers, the restoration and expansion of DACA under the Biden administration provide temporary relief, but the future remains uncertain. Advocates continue to push for permanent solutions that would offer Dreamers a clear and secure pathway to citizenship, providing them with the certainty they need to live and thrive in the U.S.