DACA Declared Unlawful: Federal District Court

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For those individuals who fall under DACA, there is very concerning legal news for you as of July 16. It would be wise to consult with your immigration attorney, especially as an aspiring physician, pronto.

¡Buena suerte y Éxito!


This afternoon a federal district court judge in Texas declared that the Deferred Action for Childhood Arrivals (DACA) program is unlawful and barred the federal government from admitting new individuals into the program. The decision in Texas v. United States is sure to be appealed, though there is a reasonable chance it will be upheld….

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Those who have already received DACA, however, are not effected, at least until the expiration of current deferrals.



Ruling of United States District Court, Southern District of Texas, found here


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This does NOT apply to those who already have DACA. It only affects those who have not yet applied.
Well, maybe. But I think many people misunderstand the limited nature of DACA in the first place.
Young people arriving to the US after 2007 are not eligible to apply.

It was established in 2012 as a path to citizenship for young people innocently brought into the US without documentation by their parents.
To qualify for DACA they had to:
-have entered the US before age 16,
-lived in the US continuously since June 2007,
-finished HS or enlisted in the military,
-have a clean criminal record.
Because of ongoing debate and opposition, and even in the terms of its establishment, DACA has never been codified as a defined path to full citizenship, though at inception it was hoped that congress would pass such a measure.
Judge Rules DACA Is Unlawful and Suspends Applications

Only a handful of medical schools allow DACA applicants, and as far as I know those young people, if accepted, are not eligible for federal loans.

I have a feeling this federal judge's ruling will be appealed further up or at Supreme Court level.
 
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Only a handful of medical schools allow DACA applicants, and as far as I know those young people, if accepted, are not eligible for federal loans.

It does not preclude a school from giving a student a full scholarship.
I just felt that the OP was fear-mongering in a way that was not helpful.
 
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About 70 out of 155 MD schools accept DACA students, and even more on a case by case basis.


As an immigrant who is keenly aware of the too few physicians who are actively involved in caring for immigrants (documented and undocumented) in America, the Federal District Court decision is concerning. I am well aware of those who raise the issue of undocumented immigrants, but the fact is they too need medical care. It is not the job of physicians to deny medical care to people in need.
 

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It does not preclude a school from giving a student a full scholarship.
I just felt that the OP was fear-mongering in a way that was not helpful.
Agree 1,000,000%! One caveat though for all DACAs, based on something that came up last cycle.

It turns out that, counterintuitively, even though DACA is an immigration status, it is not a legal status, like a Green Card, so @wysdoc is correct about federal loans, and schools are forced to treat these students as foreign students.

Unlike many actual foreign students, however, DACA tend not to come from wealthy families. As a result, aside from the few schools that offer generous scholarships, they have no way to pay if the school will not either provide institutional loans, OR, at the very least, certify private loans. And, this one school in particular would not, insisting that DACA was like any other foreign student and had to either deposit the full amount of tuition and fees for the 4 years in advance, or deposit a smaller amount, with an American guarantor on the hook for the balance. All of this was quite a shock for the student when it became an issue at the 11th hour after acceptance.

Just throwing this out there. You are correct about fear mongering, but it is heartbreaking to see someone successfully navigate the admission gauntlet only to be faced with a gotcha regarding being unable to pay at the end of the process. So, yes, no current DACA needs to worry about packing their bags. Congress or the courts will figure this out one way or the other, and people who are currently in the US are probably never going to be forced to leave, and certainly not in the intermediate term.

OTOH, all DACA need to know in advance not only whether the school will accept the application, but what their expectations are with respect to funding, because, unfortunately, the answer is not always what one would expect, especially with respect to private loans.
 
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