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The Trump Administration Faces a Lawsuit Over Delays in DACA Renewals

The lawsuit was filed by the National Immigration Law Center and the Justice Action Center.

DACA advocates in front of the Supreme Court / Saul Loeb

DACA advocates in front of the Supreme Court / Saul LoebAFP

Joaquín Núñez
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Several pro-immigrant organizations filed a joint lawsuit against the administration of Donald Trump over delays in renewals for the Deferred Action for Childhood Arrivals (DACA) program. The plaintiffs argue that the delays have left thousands of beneficiaries temporarily without work authorization and are seeking to compel the federal government to disclose information regarding the nature of the delays.

DACA is a program created in 2012 by executive order of the administration of Barack Obama. The program grants temporary protection from deportation and a work permit renewable every two years to certain immigrants who entered the United States illegally as minors and meet a series of requirements related to their age, residency, education, and criminal history.

The lawsuit was filed by the organizations National Immigration Law Center and Justice Action Center. Specifically, they are seeking a court order requiring the federal government to release documents and internal information requested under the Freedom of Information Act (FOIA), which, according to the plaintiffs, would reveal why processing times for renewals have increased significantly in recent months.

According to the lawsuit, U.S. Citizenship and Immigration Services (USCIS) has reportedly significantly increased the processing times for DACA renewals. Since the benefit must be renewed every two years and the work permit expires along with that protection, some beneficiaries have temporarily lost their work authorization while awaiting a response from the agency.

The lawsuit adds that USCIS failed to respond within the timeframes established by that legislation, which is why the aforementioned organizations turned to the courts to demand the release of those documents.

"People shouldn’t lose jobs and livelihoods because of unexplained government delays," said Hillary Li, legal counsel for the Justice Action Center—one of the groups leading the lawsuit—in a statement.

"We asked a simple question: what changed, and why are DACA recipients facing mounting delays despite doing everything the U.S. government has asked of them? The Trump administration’s refusal to provide answers leaves us no choice but to go to court,” she added.

Since 2021, federal courts have prevented USCIS from approving new DACA applications. However, those already in the program can continue to renew their benefits while litigation over the legality of the initiative continues.

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