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The Deferred Action for Childhood Arrivals (DACA) program, established in 2012, has faced numerous legal challenges and policy shifts, impacting the lives of hundreds of thousands of undocumented immigrants brought to the United States as children. As of January 26, 2026, DACA remains in effect, but its future remains uncertain due to ongoing litigation and potential legislative action. This report details the program’s history, current status, and related entities.
what is the Deferred Action for Childhood Arrivals (DACA) Program?
Table of Contents
The Deferred Action for Childhood Arrivals (DACA) program is a U.S. immigration policy first announced by the Department of Homeland Security (DHS) on June 15, 2012, providing temporary protection from deportation and work authorization to eligible individuals who entered the country as children. DACA recipients, often called “Dreamers,” are individuals who meet specific criteria, including having been brought to the U.S. before age 16, having lived in the U.S. continuously for at least five years, and having no serious criminal record.
The program was initiated by the Obama administration in response to Congressional inaction on the DREAM Act, a proposed piece of legislation that would have provided a pathway to citizenship for undocumented youth. DACA was designed as a temporary solution while Congress worked towards a more permanent legislative fix.
Exmaple: As of December 31, 2023, approximately 582,000 individuals were approved for DACA, according to U.S. Citizenship and Immigration Services (USCIS) data.
Legal Challenges and Court Rulings
DACA has been the subject of numerous legal challenges since its inception, primarily focused on the legality of the program’s implementation and the authority of the executive branch to create such a policy. The core legal argument against DACA centers on whether the Obama administration had the authority to grant deferred action and work permits without explicit authorization from Congress.
In 2017, the Trump administration attempted to rescind DACA, arguing that it was an unlawful overreach of executive power. This decision led to a series of lawsuits, ultimately reaching the Supreme Court. In June 2020, the Supreme Court ruled in Department of Homeland Security v. Regents of the University of California (Supreme Court Opinion) that the Trump administration’s attempt to end DACA was unlawful, finding that the administration did not adequately consider the program’s benefits to recipients and their families. The Court did not rule on the underlying legality of DACA itself,leaving the door open for future challenges.
Following the Supreme Court ruling, the Biden administration reinstated DACA in its original form. Though, the program continues to face legal challenges, most recently from states arguing that DACA is unlawful. In July 2023, the Fifth Circuit Court of Appeals ruled that DACA was unlawful, but allowed current recipients to continue renewing their status while the case proceeds. The Biden administration appealed this ruling to the Supreme Court.
Breaking News Check (2026/01/26 10:52:14): As of this date, the Supreme Court has not yet issued a ruling on the Fifth Circuit’s decision. DACA remains in effect, and current recipients can continue to renew their applications.NBC News provides ongoing updates on the case.
The Department of Homeland Security (DHS) is the federal agency responsible for administering the DACA program. DHS sets the eligibility criteria, processes applications, and provides work authorization and deferred action to approved recipients. The Secretary of Homeland Security has the authority to modify or terminate the DACA program,subject to legal constraints.
U.S. Citizenship and Immigration Services (USCIS) is the agency within DHS responsible for adjudicating DACA applications. USCIS reviews applications, conducts background checks, and makes decisions on eligibility. USCIS also provides information and resources to potential applicants.
Current Status of DACA (as of january 26, 2026)
As of January 26, 2026, DACA remains in effect, but its future is uncertain. The Biden administration continues to defend the program in court, and is actively seeking a legislative solution to provide a permanent pathway to citizenship for Dreamers. However, the ongoing legal challenges and political polarization make a legislative solution tough to achieve.
New applications are currently being accepted, but the processing times can be lengthy. Current DACA recipients can continue to renew their status, but the Fifth circuit Court of Appeals ruling casts a shadow over the program’s long-term viability. The Supreme Court’s decision, expected in the coming months, will likely determine the program’s fate.
