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A Fairfax medical professional could lose his job and protection from deportation on July 4 as delays leave his DACA renewal unresolved.
The South Korean immigrant has routinely renewed his status through Deferred Action for Childhood Arrivals, the federal policy that allows certain immigrants brought to the United States as children to work and receive relief from removal proceedings.
This time, despite filing within the period recommended by U.S. Citizenship and Immigration Services, he has not received an extension. He said he was unaware of warnings circulating in informal online communities about a growing backlog.
“I’m in a more optimal situation than others. I don’t need to take money out of my 401(k) to survive, so I’m grateful for that,” he said. “However, there are those I still think about — those who are waiting in their 180th day pending renewal, 210th day of pending renewal.”
He joined several local DACA recipients and immigration advocates for a June 15 roundtable with Rep. James Walkinshaw, who represents Virginia’s 11th Congressional District. The discussion occurred on the program’s 14th anniversary and focused on its future and the uncertainty confronting more than 500,000 recipients known as Dreamers.
Walkinshaw said some applicants may not realize that their renewals have effectively been frozen or placed on hold after they completed every required step.
“It is important that they reach out to their member of Congress and ask them to make an inquiry, because sometimes we can determine whether something is on hold,” he said.
Created by executive action in 2012 under President Barack Obama, DACA was designed to protect eligible immigrants who arrived in the country as children from arrest and deportation.
Applicants must have entered the United States at age 16 or younger, continuously lived in the country since June 15, 2007, and either attend school or hold a high school diploma or equivalent credential. They also must have no criminal record. Work authorization and protections must be renewed every two years.
USCIS says most DACA applications are decided within 120 days and that the agency makes every effort to process them efficiently. Immigration attorneys and recipients across the country, however, have reported cases remaining unresolved beyond that timeframe.
President Donald Trump sought to end DACA in 2017 during his first administration. The Supreme Court blocked that effort in 2020, but litigation over the program has continued. The current administration has also indicated that DACA status does not prevent recipients from being arrested or deported.
Walkinshaw acknowledged that members of Congress cannot change the administration’s approach or approve renewals themselves, but said congressional offices can sometimes intervene to obtain information about delayed cases.
He is co-sponsoring legislation that would create a route to citizenship for DACA recipients, although he expressed little confidence that the current Congress would seriously consider it.
“We’re going to have to take this debate to the ballot box in November, and then the Congress in January,” Walkinshaw told participants. “But you have my commitment that I’ll fight alongside. I see this as an issue of basic fairness.”
After the Fairfax resident recently sought Walkinshaw’s assistance, USCIS said it would provide an update within 30 days. That timeline may offer little relief.
“Within 30 days, my status will end,” he said.