Featured Issue: Citizenship and Protections for Dreamers and Others Without Permanent Status
Many immigrants who lack permanent legal status have lived in the United States for years, investing in their communities and families, building businesses, and contributing billions to the economy. Polls show Americans support granting permanent legal status for unauthorized immigrants and people with temporary status. Four out of five (80%) of Americans support granting permanent legal status to Dreamers. AILA urges Congress to provide a path to citizenship for people who are undocumented or whose legal status is temporary.
On December 4, 2025, Senators Durbin (D-IL) and Murkowski (R-AK) reintroduced the Dream Act of 2025. In response, Executive Director Ben Johson said:
“At a time when immigration is often cast as a divisive issue, the American people are remarkably united: four out of five Americans believe Dreamers are part of the fabric of this nation and deserve a real path to citizenship. Congress and the President must seize this moment. Passing the Dream Act is not only the right thing to do; it is a critical first step toward providing long-overdue stability and dignity to people who have strengthened our communities and contributed to our country for years, yet still have no meaningful way to secure permanent legal status.”
AILA supports the following bills and urges Congress to introduce and enact them into law.
- The Dream Act of 2025 S.3348 - Durbin (D-IL) and Murkowski (R-AK)
- Read Senator Durbin’s press release on the bill’s reintroduction
- The American Dream and Promise Act of 2025 H.R.1589 - Garcia (D-TX)
Protecting DACA and TPS Recipients
On June 15, 2012, DHS announced the Deferred Action for Childhood Arrivals (DACA) program, which provided temporary protection from deportation (deferred action) for certain undocumented youth. Since its creation, DACA has protected over 830,000 people who are valued members of our communities and contribute to the strength of the nation. From day one, the DACA program was challenged in court and still hangs in the balance. The President should defend and expand DACA and other legal pathways to protect Dreamers and other populations who still do not have permanent status.
AILA urges President Trump to use executive branch authorities to protect and expand legal pathways for undocumented immigrants, DACA and TPS recipients, and others with a temporary status.
Browse the Featured Issue: Citizenship and Protections for Dreamers and Others Without Permanent Status collection
USCIS Updates Its FAQs Related to DACA
USCIS updated its FAQs related to DACA, including updated information regarding the 7/16/21 district court decision in Texas, et al., v. United States, which found the DACA policy “illegal.”
DOJ Provides Reminders for DACA Recipients and Employers Regarding Employment Discrimination
On July 16, 2021, a federal court found DACA unlawful. This ruling does not affect ICE’s existing enforcement guidelines. In light of the court decision, DOJ issued reminders regarding employment discrimination and immigrant employee rights.
USCIS Issues Statement on DACA Court Decision in Texas v. United States
USCIS posted statements regarding the Texas v. United States decision, stating that DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization.
District Court Blocks Filing of New DACA Applications
A district court found that DHS violated the APA with the creation of DACA and its continued operation, stating that the DACA memo and the DACA program that it created are hereby vacated and remanded to DHS for further consideration. (Texas v. United States, 7/16/21)
AILA: No Surprise that Texas Judge Puts Politics Ahead of Sound Legal Precedent
AILA President Allen Orr and Executive Director Benjamin Johnson responded to the ruling by Texas federal judge Andrew Hanen against the Deferred Action for Childhood Arrivals (DACA) program in this statement, urging the administration and Congress to protect Dreamers.
Nine Years Since DACA Was Announced – the Senate Needs to Act
AILA celebrated the ninth anniversary of the creation of the Deferred Action for Childhood Arrivals (DACA) initiative, but AILA President Allen Orr, Jr. called on Congress to enact permanent protection for Dreamers, saying it “would be a moral and economic victory for the entire country.”
Nine Years Later…DACA is Not Enough
Mo Goldman shares the example of his client to explain that DACA isn't enough and Congress needs to act because “A year from now, we should not be celebrating the ten-year anniversary of DACA“ but instead “the first months of a path to citizenship for these deserving individuals.“
CIS Ombudsman’s Office Issues Reminder for DACA Renewals
The CIS Ombudsman’s Office issued a reminder that individuals who are eligible to renew their DACA and employment authorization may submit their renewal request between 150 days and 120 days before the expiration on their current Form I-797, Notice of Approval, and on the EAD.
CRS Releases Report on DACA by the Numbers
CRS released a report providing data on DACA, including estimates of the DACA-eligible and DACA-recipient population as well as information on the socioeconomic characteristics of DACA recipients. The report also includes information on DACA recipients who have become lawful permanent residents.
H.R. 6: American Dream and Promise Act of 2021
On 3/3/21, Representatives Roybal-Allard, Velázquez, and Clarke introduced a bill to authorize the cancellation of removal and adjustment of status of certain individuals, including Dreamers and those with TPS and DED, and for other purposes. AILA endorses this bill.
AILA Welcomes Bipartisan Dream Act of 2021; Calls on Congress to Take Action on This and Other Necessary Immigration Legislation
AILA welcomed the introduction of the bipartisan Dream Act of 2021, calling on Congress “to pass this bill as a step forward toward legalization of the undocumented, and the many other necessary changes to our immigration laws our country requires.”
President Biden Issues Memorandum on Preserving and Fortifying DACA
On 1/20/21, President Biden issued a memorandum directing the DHS Secretary, in consultation with the Attorney General, to take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA. (86 FR 7053, 1/25/21)
USCIS Provides Guidance on Completing Form I-9 for Employees with Extended Work Authorization Under DACA
USCIS provided guidance for completing Form I-9 for employees with extended work authorization under DACA. Per USCIS, employees may present their unexpired EAD with category code C33 issued on or after 7/28/20, along with an I-797 Extension Notice showing a one-year extension under DACA.
USCIS Withdrawal of Request for Comments on Proposed Revisions to Form I-821D
USCIS notice withdrawing a previous notice published at 85 FR 72682 on 11/13/20, which requested comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals. (85 FR 86946, 12/31/20)
Hopes for 2021 and the New Administration
Several members of the AILA Media Advocacy Committee shared their hopes for the incoming administration and what next year may bring, including changes both large and small to make our immigration system more fair and just.
A “Wish List” on Immigration
The Lady Immigration Lawyers of Minnesota celebrated the season with their own rendition of “All I Want for Christmas is You“ this year and shared some of their wishes in this blog post for Think Immigration.
USCIS Provides Update on DACA Following Court Order Reinstating the Program
USCIS announced that in response to the 12/4/20 court order, effective 12/7/20, it will accept first-time requests for consideration of deferred action under DACA, accept renewal requests, accept applications for advance parole documents, and extend grants of deferred action and EADs to two years.
An Immigrant’s Reflection on the 2020 Election Results
AILA member Paschal O. Nwokocha shares his insights as an immigrant and immigration attorney about the work to be done post-election and how we all can work together to ensure that “America is once more open to the world.“
District Court Orders DHS to Fully Restore DACA Program
District court orders DHS to accept first-time requests for DACA, renewal requests, and advance parole requests, based on the terms of the DACA program prior to 9/5/17 and that one-year deferred action and EADs must be extended to two years. (Batalla Vidal, et al., v. Wolf, et al., 12/4/20)
District Court Found DHS Acting Secretary Wolf Was Not Lawfully Appointed When He Suspended DACA
A district court found that Chad Wolf was not lawfully serving as DHS Acting Secretary when he suspended DACA following the Supreme Court decision in DHS v. Regents of the University of California. (Batalla Vidal, et al., v. Wolf, et al., 11/14/20)
USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form I-821D
USCIS 60-day notice and request for comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Comments are due 1/12/21. (85 FR 72682, 11/13/20)
Remote Pro Bono Work in the Midst of a Pandemic
Jacqueline Shi, AILA member and member of the AILA National Pro Bono Committee, shares how attorneys continue to provide pro bono services to vulnerable immigrant communities during the pandemic by using technology and innovation.
MALDEF Files Lawsuit Alleging That Acting DHS Secretary Wolf’s DACA Memo Is Unlawful
The Mexican American Legal Defense and Educational Fund (MALDEF) filed a lawsuit in federal district court seeking to enjoin and vacate Acting DHS Secretary Chad Wolf’s July 28, 2020, memo imposing changes to the DACA program. (Santa Fe Dreamers Project, et al., v. Wolf, et al., 9/3/20)
AILA Quicktake #291: USCIS Issues Guidance on DACA to Implement DHS Memo
On August 21, 2020, USCIS issued guidance on the Deferred Action for Childhood Arrivals (DACA) program implementing the memo issued in July 2020 by Acting DHS Secretary Chad Wolf. Kate Voight, AILA’s Senior Associate Director of Government Relations, summarizes key points from the guidance.
USCIS Issues Guidance on Implementing DHS Acting Secretary’s July 28, 2020, Memorandum on DACA
USCIS provided guidance on how it will implement DHS Acting Secretary’s 7/28/20 DACA memo. Among other things, USCIS will reject all initial DACA requests from individuals who have never received DACA and will limit grants of deferred action and employment authorization to no more than one year.