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USCIS experiencing a backlog since re-opening of DACA

Since the program’s re-opening in December 2020, the USCIS has been experiencing a backlog of more than 55,000 pending cases, most of them first-time DACA applicants.

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    What is DACA?

    DACA (Deferred Action for Childhood Arrivals) is an Obama-era program aimed to help undocumented immigrants who came to the U.S. as children.  Under DACA, these immigrants referred to as ‘Dreamers’ are shielded from deportation with legal residency.  Through this program, undocumented individuals are allowed to obtain work permits, social security cards and driver’s licenses.

    family holding hands

    When did it re-open?

    Despite numerous attempts by the Trump Administration to keep the program closed, the DACA program was re-opened in December 2020 when a New York-based federal judge determined that Chad Wolf, then the legal acting secretary of Homeland Security, lacked the legal authority to close the program to new applicants.

    What is being done to accommodate the backlog?

    Since the program reopened in December 2020, the USCIS has seen an uptick in the number of applications submitted.  As of March 31, 2021, there is a backlog of more than 55,000 pending applications by first-time DACA applicants according to USCIS data. This increase in the number of petitions coupled with the Coronavirus pandemic has caused delays in processing, especially for biometric appointments as the USCIS requires first-time petitioners to attend in-person.

    To help speed things up and accommodate the demand, the USCIS is now extending its hours of operation.  Applicants can now schedule and submit biometric data during extended hours.

    What is the future of DACA?

    Despite the program’s re-opening in December 2020, it still remains a controversial issue particularly amongst Republican officials who argue that the Obama administration overstepped executive authority when creating DACA in 2012. As a result, many Republican-led states are now trying to dismantle the program.

    In June 2021, Joe Biden issued a Presidential statement pledging to not only help protect the DACA program and the Dreamers but also help provide a path to citizenship for undocumented workers via his immigration bill, The U.S. Citizenship Act.  However, there is no timeline for when this bill will be approved as it has yet to pass in the Senate.

    Joe Biden speaking

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