Fri. Nov 1st, 2024
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The Deferred Action for Childhood Arrivals (DACA) program was introduced in 2012 to provide temporary relief from deportation and work authorization for undocumented individuals brought to the U.S. as children.

This program has allowed nearly 600,000 Dreamers to pursue education, build careers, and contribute to their communities without the constant threat of deportation. For many of them, the United States is the only home they’ve ever known.

However, because the program does not offer permanent legal status, its future is uncertain, leaving DATA recipients in constant fear of losing everything they’ve built if the program is overturned.

In this article, we’ll explore the top 5 legal challenges DACA recipients face, including financial struggles, career barriers, emotional and psychological tolls, and more.

1.      The Financial Obstacles

One of the biggest challenges DACA recipients face is financial instability.

Since they’re not eligible for federal financial aid, options like federal loans, grants, and work-study programs are completely off the table. This forces many to rely on personal savings, private scholarships, or whatever part-time jobs they can find to cover basic living expenses while juggling work and school.

To make matters more complicated, financial aid opportunities vary widely depending on where DACA recipients live.

While some states have stepped up to offer financial assistance to DACA recipients (e.g., California, New York, Texas), many others still haven’t, leaving students in those states without any support and scrambling to find alternatives.

How a DACA Lawyer Can Help: A DACA lawyer can guide recipients through state-specific financial aid laws, ensuring that they take advantage of every available resource. In cases where financial aid restrictions seem discriminatory, a lawyer could help challenge those policies legally. Lawyers can also assist recipients in navigating the legal processes for acquiring professional licenses and advising on employment-related laws that affect their ability to work.

Despite attempts by the Biden administration to solidify the program, a September 2023 ruling from Judge Hanen once again declared DACA unlawful.

This means that while existing DACA recipients can still apply for renewals, no new applications are being accepted, leaving countless young immigrants in a legal limbo.

With the case now heading back to the Fifth Circuit Court of Appeals, the future of DACA remains as uncertain as ever, causing significant anxiety for the nearly 600,000 current recipients who fear deportation at any time.

On top of this, another big stressor for DACA recipients is the need to renew their applications every two years.

Each renewal carries the extra uncertainty of whether the program will still exist, as court rulings can change the status of DACA at any time.

Additionally, this bi-annual process comes with high costs—both in terms of fees and emotional toll—leaving many recipients and their families caught between trying to live their lives and protect their loved ones from potential legal consequences​.

How a DACA Lawyer Can Help: Here, the support of a DACA lawyer makes a world of difference. They can guide recipients through the often-confusing renewal process, making sure every document is filed correctly and on time. But beyond the paperwork, they offer peace of mind by staying on top of legal changes and court rulings that could affect their clients.

3.      The Scholastic Challenges

One of the primary scholastic challenges DACA recipients face is the limited access to postgraduate opportunities.

Many internships, research positions, and study abroad programs require U.S. citizenship or permanent residency, leaving DACA recipients with fewer options compared to their peers.

Not to mention that the prior-mentioned ineligibility for federal financial aid further limits the academic and career opportunities DACA recipients can realistically pursue after graduation​.

These limitations make it difficult for Dreamers to take full advantage of the academic achievements they’ve worked so hard for, often forcing them to either take on multiple jobs to pay for school or give up on their academic dreams entirely​.

How a DACA Lawyer Can Help: A DACA lawyer can assist recipients in overcoming challenges concerning access to internships and research positions. They can also help recipients understand the risks associated with study abroad programs and advise them on applying for advance parole, minimizing potential legal complications upon re-entry to the U.S.

4.      The Career Barriers

Career uncertainty looms large for DACA recipients, many of whom worry about whether they will be able to use their degrees or secure stable employment after graduation.

DACA’s temporary nature also creates barriers to career mobility. Many professional paths, especially those requiring postgraduate training, licensure, or travel, may be out of reach for DACA recipients due to their uncertain legal status.

For example, internships and fellowships—key steppingstones in many careers—are often inaccessible because they require citizenship or permanent residency. This also affects job choices, limiting DACA recipients to roles in industries that don’t impose strict legal status requirements.

Still, despite these barriers, some DACA recipients have embraced entrepreneurship as a way to circumvent the limitations placed on their career paths.

Data from the Center for American Progress shows that a significant number of DACA recipients have started businesses, creating jobs and contributing to their communities. This entrepreneurial route often provides more control over their career trajectory, but it still comes with its own set of challenges, such as limited access to capital and business loans.

How a DACA Lawyer Can Help: A DACA lawyer can assist recipients in exploring alternative career paths that align with their status, identifying industries that are more open to hiring undocumented individuals. For those interested in entrepreneurship, a lawyer can offer advice on the legal requirements for starting a business, provide guidance on licensing and permits, and help identify resources for funding, such as business loans or grants specifically designed for immigrant entrepreneurs.

5. The Emotional and Psychological Toll

The emotional and psychological burden of being a DACA recipient is immense.

Imagine living in constant fear that, at any moment, you could be deported to a country you barely know or have no memory of.

For many DACA recipients, this idea of deportation is very real, and it’s terrifying.

After all, they’ve spent their whole lives in the United States. It’s where they’ve gone to school, built friendships, and planned their futures, so being sent to a foreign country would be like being dropped into an unfamiliar world.

How would they find housing? How would they find work, especially without the support networks they’ve established in the U.S.?

These are the questions DACA recipients ponder over every single day, and they’re a great daily source of anxiety for many. Because of this, simple dreams, like pursuing a career, owning a home, or even starting a family, feel unattainable because their legal status can change at any time.

Ultimately, this constant state of “limbo” creates a profound sense of insecurity for Dreamers, with more than 1/5 of DACA recipients reporting worsened mental or physical health conditions due to fears about their immigration status.

How a DACA lawyer can help: By offering legal guidance, a DACA lawyer can help recipients understand their rights and the options available to them, which can reduce feelings of uncertainty and fear. They can also assist in the renewal process of DACA applications, advocate for DACA recipients’ rights, and challenge policies that may contribute to their emotional distress, such as those that unfairly restrict access to essential services or mental health resources.

Conclusion

Living as a DACA recipient often feels like walking a tightrope—one misstep can send you crashing down into uncertainty.

From financial instability and limited job prospects to the constant worry about your future, it’s no walk in the park.

The good news is that a DACA lawyer can be your safety net, helping you tackle these legal challenges and find the support you need. With their expert guidance, you’ll finally be able to regain a sense of control over your life.

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