On Sunday, December 8, President-elect Donald Trump stated in an interview with NBC that he was willing to cooperate with the Democratic Party to find a solution for the future of DACA recipients, or Dreamers. He acknowledged that DACA recipients are contributing to American society and emphasized the need to establish a plan for their future.
However, despite these remarks, considering the Trump administration’s past policies and its current focus on the deportation of millions of undocumented immigrants, as well as proposals to eliminate birthright citizenship in the U.S., the future of the DACA program remains uncertain.
In this context, on December 10, a federal district court in North Dakota ruled that the Biden administration’s policy allowing DACA recipients to enroll in the Affordable Care Act (ACA) was illegal. This ruling has blocked DACA recipients’ access to ACA coverage in 19 states where Republicans, including Texas, hold sway. This highlights the ongoing threat to the rights and benefits of DACA recipients.
As a result, DACA recipients must take proactive measures to protect their rights and prepare for the future. Those eligible for renewal should expedite the process. DACA renewals can be submitted up to 150 days before the expiration date.
Additionally, if possible, DACA recipients may use the D3 Waiver expedited procedure established by the Biden administration to secure legal status. The Biden administration has issued guidelines indicating that applicants who have graduated from U.S. higher education institutions or possess technical qualifications, and who are employed by U.S. employers in related fields, are eligible for expedited processing due to the significant benefit it provides to the U.S. public. However, this process requires the applicant to leave the U.S. and go through the procedure at a U.S. embassy abroad, which presents some risks under the current circumstances.
Furthermore, if a DACA recipient has no criminal record, they may be eligible for a waiver of unlawful presence and can apply for a green card by going through the visa interview process at the U.S. embassy in their home country. Alternatively, if a DACA recipient departs the U.S. and re-enters with Advance Parole, it is considered a legal entry (paroled entry). With this status, they can apply for adjustment of status (I-485) based on a family-based petition (I-130) or an employment-based petition (I-140) to obtain a green card. U.S. immigration law is highly complex, and the procedures and requirements can vary depending on the situation. In particular, DACA recipients have several possible routes to a green card through unlawful presence waivers (I-601A), Advance Parole, and status adjustment (I-485). It is crucial to consult with an immigration attorney to develop a strategy tailored to your specific situation.
While it would be beneficial if President-elect Trump’s remarks translate into positive benefits for DACA recipients, the anticipated strengthening of immigration policies and recent court rulings suggest that DACA recipients may still face uncertainty. Therefore, it is essential to closely monitor policy changes and actively explore legal pathways for status adjustment. Korean DACA recipients, in particular, should pay careful attention to policy developments and take necessary actions.
Immigration law is a field that is heavily influenced by policy changes. The Song Dong-ho Law Firm’s Immigration Team is committed to staying up to date on the latest immigration regulations and policies to ensure the success of clients’ cases. The team also strives to stay informed about immigration-related news and prepare alternatives and strategies accordingly.
If you wish to consult about immigration law, please contact us at mail@songlawfirm.com.
