For the first time since the creation of the Deferred Action for Childhood Arrivals (DACA) program on June 15, 2012, the majority of undocumented high school graduates in the U.S. are now ineligible for the program. This shift is due to the requirement that applicants must have arrived in the U.S. before June 15, 2007, a condition that many recent graduates no longer meet.
The Impact of DACA’s Eligibility Rules on Recent Graduates
According to a new report from FWD.us, approximately 100,000 undocumented students graduate from U.S. high schools each year. In addition, about 600,000 students are currently enrolled in K-12 schools across the country. Despite these large numbers, only about one-quarter of the 2022 high school graduates would qualify for DACA. The primary reason for this is the program’s strict age and arrival date requirements, which mandate that applicants must have entered the U.S. before June 15, 2007.
This issue is expected to persist, with an estimated 100,000 undocumented students graduating each year over the next several years. However, the proportion of these students who are eligible for DACA—and therefore able to work legally in the U.S.—is expected to shrink over time, further limiting opportunities for many undocumented young people.
DACA Under Legal Challenge
The DACA program has faced increasing uncertainty in recent years. Currently, the program is under legal review at the Fifth Circuit Court of Appeals, following a decision by a federal judge in 2021 to block the approval of new DACA applications. In 2017, the Trump administration attempted to end DACA altogether, which set off a series of legal battles that have left the program in a state of limbo.
In response to this legal uncertainty, the Biden administration is working to overturn the court’s decision and allow new applications to be processed. The next major step in the case is a hearing on July 6, 2022, where oral arguments will be presented at the Fifth Circuit Court of Appeals. The administration is also pushing forward with a new rule to codify DACA, which was proposed in September 2021 and is expected to be finalized before the November 2022 midterm elections.
The Effects of DACA’s Legal Uncertainty on Recipients
Even with the efforts to protect and preserve DACA, the ongoing legal uncertainty has had a noticeable impact on current DACA recipients. According to reports, DACA recipients have experienced a 15% drop in their feelings of integration and inclusion within U.S. society from 2020 to 2021. The prolonged legal battles and lack of clarity about the program’s future have caused anxiety and stress for the 2.8 million estimated “Dreamers”—undocumented individuals who came to the U.S. as children—living in the country.
As DACA faces a critical moment in its legal history, its future remains uncertain. The program has been a lifeline for many young undocumented immigrants, allowing them to work legally and access essential services. However, with each passing year, more high school graduates are missing out on the opportunity to apply, leaving fewer pathways to legal employment and stability for future generations.
