The “Dreamers”, as the beneficiaries of this policy are called, cling to the possibility that representatives of the Joe Biden government could take actions to ensure the continuity of the program before the end of the year.

“We want to get DACA done. We’d like to get whatever we can do in the lame duck session and a number of our senators, led by Senator Dick Durbin, as well as Senator Kyrsten Sinema, and others working in a bipartisan way — we’re trying to get something done,” said to the press Chuck Schumer, Senate Majority Leader

Taking into account that the Republicans will have control of the House next January, several Democratic leaders showed their willingness to promote a bill that protects those who receive Deferred Action for Childhood Arrivals (DACA), a measure that seeks shield the program from the interests of those who seek to end it.

Democrat support

Steny Hoyer, the House Majority Leader, called for addressing this discussion as a top priority during a Democratic caucus meeting earlier in the week.

He was joined by California Rep. Pete Aguilar, vice chair of the House Democratic Caucus, who confirmed that DACA is a priority for his party.

“The courts have put DACA at risk moving forward and we want to make sure that we offer the ability for these individuals who have had DACA status and are American in every way — except the piece of paper — to continue and to have hopefully a legislative solution to a path to citizenship,” pointed Aguilar to NBC News.

Likewise, the representative stressed that his party is working to win the 10 Republican votes required in the Senate to advance with the legislation.

I immigrated to the United States when I was 9. The only reason I'm now a citizen — and a congressman — is because a path to citizenship was available to me.

These same pathways to citizenship no longer exist.

We must pass the Dream Act and save DACA.

— Congressman Chuy García (@RepChuyGarcia) November 2, 2022

Hard days for DACA

While Democrats seek to safeguard the program, Republicans in Congress have voiced their opposition to protecting Dreamers, arguing that the ruling party will not take significant steps to increase border security and turn away asylum seekers.

If the mediation of Democratic legislators is not carried out, the federal courts would be close to ending the 2012 executive order, which would put an end to work authorization and the security of deportation that covers its more than 600,000 beneficiaries. 

Although the US Court of Appeals for the Fifth Circuit last month ruled that DACA was illegal, it allowed current recipients to maintain their status while a lower court reviewed a new rule introduced by the Biden administration.

Lower Court Judge Andrew Hannen of the United States District Court for Southern Texas later ordered the lawyers in the case to provide more information and said he awaits additional legal arguments related to the new rule, according to NBC News.

President Biden was disappointed by the Fifth Circuit's decision in a statement, blaming the decision on Republican state officials who pushed efforts to strip DACA recipients of their protections.

Despite Democratic efforts, the case will most likely end up in the hands of the Supreme Court, where the chances are high that the conservative majority will strike down the program.