Will DACA Change in 2025?

The Deferred Action for Childhood Arrivals (DACA) program has been a lifeline for many young immigrants in Louisiana and across the United States, offering a temporary reprieve from deportation and the opportunity to work and study. However, the new presidential administration, as well as states opposed to the program (including Louisiana) have made many families nervous about the future of DACA and the immigration status of their family members.

The dedicated immigration attorneys at Pelton + Balducci in Louisiana understand the uncertainty surrounding the future of DACA. Our commitment is to provide clear, accessible information and guidance to help you navigate these evolving landscapes.

Since its inception in 2012, DACA has provided protection to hundreds of thousands of individuals who were brought to the United States as children. This policy grants eligible individuals renewable two-year periods of deferred action from deportation and makes them eligible for work permits. The eligibility criteria include:

• Having come to the United States before the age of 16.
• Having resided continuously in the U.S. since June 15, 2007.
• Being currently in school, having graduated or obtained a certificate of completion from high school, having obtained a general educational development (GED) certificate, or being an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.   
• Not having been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and not otherwise posing a threat to national security or public safety.   
• Having been under the age of 31 as of June 15, 2012.

However, the DACA program has faced numerous legal challenges from the prior Trump Administration, as well as from States suing the government in an effort to eliminate the program.  This has caused ongoing uncertainty about its long-term future. Court rulings have blocked the processing of new applications nationwide, and the political climate is unpredictable.. At this time, USCIS can no longer receive first-time DACA applications; however it is still processing and can approve renewals.

Several factors suggest that 2025 could bring significant developments for the DACA program:

• Political Landscape: The Trump Administration will likely play a major role in the future of immigration policies, including DACA. At times, President Trump states he wants to do away with the program. Other times, he expresses sympathy for DACA holders. Whatever the case, there is a much more aggressive immigration enforcement environment generally, so it’s especially important that DACA holders avoid any action that could put their protections in jeopardy. DACA holders should also carefully consider the risks of travel outside the United States on advance parole, and they should consult with their lawyer before making such plans.
• Ongoing Litigation: Legal challenges to DACA are still active. Texas, Louisiana, and other states have an ongoing lawsuit to attempt to end the program. Although the Supreme Court protected DACA previously when the first Trump Administration tried to end it, the case presented by the States is different, and it’s unclear how the Supreme Court will rule should the states’ case reach it.  
• Potential Legislative Action: There have been ongoing discussions in Congress about finding a legislative solution for DACA recipients. For as long as the Republicans hold Congress, any legislation to protect DACA holders is unlikely unless President Trump expresses support for such a measure. Such support would be a significant break with the President’s current approach to immigration.

Having legal representation that understands the ever-changing intricacies of immigration law and potential legislative changes can be a significant asset.

Staying informed about any such changes and ensuring continued compliance will be vital, and experienced immigration attorneys in Louisiana can help you navigate these administrative adjustments.

While the exact future of DACA in 2025 remains uncertain, there are proactive steps that DACA recipients in Louisiana can take to prepare:

• Maintain Your Current Status and Have Ready Access to Your Documents: Given today’s aggressive enforcement environment, it’s especially important that you have no lapse in your DACA and that you have ready access to your documents. Ensure you have copies of all relevant immigration documents, including your DACA approval notices, work permits, and any records related to your entry into the United States and continuous residence. Having these documents readily available will be crucial regardless of future changes.
• Abide by the Terms of Your Status: Avoid any criminal convictions or significant violations of the law, as these could jeopardize your DACA status or future immigration options.
• See if You May Be Eligible for a More Permanent Status: Many DACA holders have established deep ties to the United States through the length of time they have lived here, their employment, and their family ties. Such ties could lead to a more permanent status. Consulting with an experienced immigration lawyer can help you determine if a more stable, long-term status is available to you.
• Stay Informed: Keep up-to-date with news and information about DACA and immigration policy changes from reliable sources.

Seeking guidance from a reputable immigration law attorney in Louisiana is highly recommended. We can assess your individual situation, advise you on potential risks and options, and help you prepare for various possible outcomes.

Pelton + Balducci is here to provide the guidance and support you need to navigate these uncertain times. Our experience in immigration law and our commitment to the Louisiana community make us a trusted partner in addressing your immigration concerns. Contact us today to discuss your case and learn how we can help you prepare for the future of DACA.