Appeals Court Hears Arguments Over DACA’s Future: Biden Administration vs. Texas
A federal appeals court is deliberating the future of the Deferred Action for Childhood Arrivals (DACA) program, a policy protecting over 535,000 undocumented immigrants who came to the U.S. as children. The Biden administration and DACA recipients are fighting to keep the program intact, while Texas and other Republican-led states argue for its termination.
Texas Challenges DACA’s Legality
Texas claims DACA increases state costs for education and healthcare. Texas Attorney General Ken Paxton argued that ending the program would reduce these expenses by encouraging recipients to leave the U.S. voluntarily. Texas and other states also argue that the program was created illegally without congressional approval.
Biden Administration’s Defense
The Biden administration argues that Texas lacks legal standing to sue, referencing a similar immigration case previously dismissed by the Supreme Court. The administration asked the court to allow current DACA recipients to keep their protections even if new applications are blocked.
Judges and What’s Next
The case is being heard by a three-judge panel: Jerry Edwin Smith (Reagan appointee), Edith Brown Clement (George W. Bush), and Stephen A. Higginson (Obama). If the panel rules against DACA, the case is expected to be appealed to the Supreme Court, which previously blocked a Trump administration attempt to end the program.
DACA: A Decade of Protection
DACA, introduced in 2012 under President Obama, allows certain undocumented immigrants to live and work legally in the U.S. Applicants must have arrived in the U.S. before June 2007, been under 16 years old at the time, and meet specific education or military requirements.
Vice President Kamala Harris reaffirmed support for DACA, calling on Congress to create a pathway to citizenship for recipients, commonly known as Dreamers.
What’s at Stake
DACA’s future has remained uncertain amid ongoing legal challenges. U.S. District Judge Andrew Hanen recently ruled the Biden administration’s efforts to formalize DACA unlawful but allowed renewals for existing recipients. DACA supporters argue that ending the program would disrupt families and harm recipients, many of whom have spent most of their lives in the U.S.
The court’s ruling timeline remains unclear, but any decision is likely to be appealed, setting the stage for Supreme Court involvement once again.
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USCIS Launches Online PDF Filing for Work Authorization and Fee Waivers
In a significant step toward modernizing U.S. immigration services, U.S. Citizenship and Immigration Services (USCIS) now allows applicants to submit Forms I-765 (Employment Authorization Document) and Form I-912 (Fee Waiver) online via PDF. As of October 2024, eligible applicants can upload completed forms directly through their USCIS account, eliminating the need for paper submissions.
Who Can Use the USCIS Online PDF Filing Option?
This new feature is currently limited to specific applicants filing Form I-765 or I-912.
- Form I-765 (Employment Authorization): Available to certain immigrants, including asylum seekers, TPS holders, and some family- or employment-based applicants, who are physically present in the U.S.
- Form I-912 (Fee Waiver): Applicants must demonstrate financial hardship by proving income below 150% of the federal poverty level or by showing they receive means-tested benefits like Medicaid or SNAP.
How to File Forms I-765 and I-912 Online
Here’s a quick guide to filing your work authorization or fee waiver forms through the USCIS online portal:
- Create or Log into Your USCIS Account: Register for a free USCIS account via the USCIS website.
- Complete the Forms Electronically: Download and fill out the most recent I-765 or I-912 form from the USCIS site.
- Prepare Supporting Documents: Gather necessary documents (e.g., proof of asylum or income verification).
- Upload Forms and Documents: Log in to your USCIS account, navigate to “Upload PDF Form,” and submit your application.
- Pay Fees (If Applicable): Pay online unless submitting Form I-912 for a fee waiver.
- Track Your Application: Use your account dashboard to monitor progress and updates.
Why the New PDF Filing Option Matters
The online PDF filing system offers several key benefits:
- Faster Processing: Reduces delays caused by mail.
- Minimized Errors: Helps prevent common issues like incomplete forms.
- Greater Accessibility: Provides easy access for immigrants in remote areas without reliable postal services.
- Faster Financial Relief: Streamlines fee waiver applications for low-income applicants.
Bottom Line
The new USCIS online PDF filing option for Forms I-765 and I-912 improves accessibility, efficiency, and processing times for immigrants seeking work authorization or fee relief. Although the online option is now available, applicants can still submit paper forms by mail if they prefer.