Black DACA Recipients Face Uncertainty: What’s Next?
By Laura Onyeneho
Black undocumented immigrants in the U.S. are facing increasing uncertainty as the Deferred Action for Childhood Arrivals (DACA) program remains under legal attack.
The recent ruling from the U.S. 5th Circuit Court of Appeals deemed DACA unlawful, leaving many wondering what will come next. While the ruling allows current recipients to maintain their protections and work permits, it continues to block new applicants, reinforcing a state of limbo for thousands.
For Black immigrants, who make up roughly 7% of the undocumented population, the challenges of navigating an already complex immigration system are compounded by systemic racial disparities. Advocates say their struggles are often overlooked, and the latest legal battles only add to the uncertainty they have long faced.
What Is the DACA Program?
DACA was established in June 2012 by the Obama Administration to protect undocumented immigrants brought to the U.S. as children from removal proceedings and allow them to work for renewable two-year periods. Eligibility criteria include arriving before turning 16, being under 31 as of June 15, 2012, currently enrolled in school, having completed high school or its equivalent, or being a veteran. The program has allowed over 900,000 immigrants to stay in the U.S., attend school, and contribute to the economy through employment. DACA recipients contribute an estimated $45 billion annually to the U.S. economy.
The U.S. 5th Circuit Court of Appeals has ruled in favor of Texas, stating that the DACA program is unlawful. However, the ruling limits its impact. Current DACA recipients, including Texas residents, are protected, authorized to work, and can renew their applications. No new DACA applications will be processed at this time.
Challenges for Black DACA Recipients
Houston-based immigration attorney Claudine Umuhire Gasana explains how Black undocumented immigrants face systemic biases that make their experience even more challenging.
“When people think of immigration, they don’t often see Black immigrants,” Gasana explained. “It wasn’t until the Haitian migrant crisis made the news where people are just now realizing the struggles of Black undocumented communities. That struggle has been around, but it’s brushed under the rug.”
She points to significant racial disparities in how Black immigrants are treated in the immigration system.
DACA recipients have been living in limbo for way too long. Every ruling that comes out questioning DACA’s legality is detrimental to their lives. While renewals are still happening, the stress and uncertainty are overwhelming.
Juliana Macedo do Nascimento, Deputy Director of Federal Advocacy at United We Dream
“I’ve seen firsthand how cases involving Black immigrants take much longer to process,” Gasana said. “Even when couples from the same country— for example—apply for marriage-based visas, they are often met with excessive scrutiny and delays.”
Texas is home to one of the largest African-born populations in the U.S. Gasana says the fear of deportation is compounded by the risk of police violence.
We are expecting aggressive executive orders targeting immigrant communities,” Gasana said. “Trump’s allies, like Stephen Miller and Tom Homan, have made it clear they plan to end DACA if given the chance.”
Additionally, she pointed to newly passed legislation, like the Laken Riley Act, which could disproportionately harm Black and brown immigrants.
“The Senate just passed a law that would allow for indefinite mandatory detention based on an arrest alone—not even a conviction. Laws like this criminalize immigrants and put them at risk of deportation,” Gasana said.
Legal and Political Uncertainty
Juliana Macedo do Nascimento, Deputy Director of Federal Advocacy at United We Dream, shares that the ongoing legal battles take on DACA recipients.
“DACA recipients have been living in limbo for way too long,” she said. “Every ruling that comes out questioning DACA’s legality is detrimental to their lives. While renewals are still happening, the stress and uncertainty are overwhelming.”
The recent Fifth Circuit ruling continues to block new applicants from receiving protections. “Initial applications have been halted since 2017, with only a brief window in 2020 and early 2021 under the Biden administration,” Macedo do Nascimento said. “However, processing was slow, so very few were actually able to obtain DACA for the first time.”
Monserrart Montalvo Navarrete, a DACA recipient and Texas organizer for United We Dream, dedicates her time to helping Black and Brown individuals in similar situations. The media often depicts non-Black Latinx people crossing the border and there isn’t enough dialogue around the intersections of immigration and race in the U.S. Although Navarrete lived in the U.S. from Mexico since she was one year old, most of her concerns mirror those of thousands of other individuals who worry about their status.
“There’s a lot of uncertainty because we carry a lot of space and care for the folks that we show up for,” Navarrete said. “If this decision goes into effect in Texas, where we won’t have work permits, does that mean I’m forced to leave my home? Am I forced to leave my family—my parents, my siblings—just so I’m able to work and support them the best way that I can?”
Navarrete recalls the difficult decision to apply for DACA in 2012 when it was first introduced.
“We were skeptical at first—do we trust, do we not trust? But I qualified because I had been in the U.S. continuously and met all the requirements,” Navarrete said. “I received my approval just two days before turning 18, which meant I never accrued unlawful status.”
The challenges, however, have been relentless.
“DACA is just a reminder that we don’t really have a status. The category for my status used to be C33 deferred action,’ but now the only choice is no lawful status,” Navarrete said. “It’s a reminder that DACA is just a bandaid that can be ripped off at any moment, leaving us back at square one.”
Stay Prepared
Attorney Ify Ikeakanam is an immigration lawyer based in Charlotte, North Carolina. She counsels many immigrants across the country, particularly in Texas, and offers key strategies for navigating the evolving immigration landscape.
- Gather and Secure Important Documents
- Keep all passports, visas, and other legal documents in a safe and accessible location. If DACA rules change, eligible recipients may be able to apply for a travel permit and adjust their status through re-entry.
- Stay Informed and Connected
- Black undocumented immigrants should seek out community networks and organizations that specifically cater to their needs.
- Consult an Immigration Attorney
- Having an immigration lawyer on speed dial is essential. Federal agencies like ICE may not consider undocumented immigrants’ claims without legal representation. Attorneys can also inform clients of policy changes, workplace raids, and potential pathways to relief.
- Know Your Rights
- Understanding legal rights is crucial in encounters with law enforcement or immigration authorities. Ikeakanam advises immigrants to remain silent, avoid signing documents without legal counsel, and immediately contact an attorney if detained.
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