Is the dream dead? The uncertain fate of DACA and what it means for dreamers

By Lily Tierney

Walter Lara has called South Florida home since he was 3 years old. Twenty years later, he found himself in an ICE detention center, facing deportation to a country he doesn’t know.

The self-proclaimed introvert thrust himself into the public eye, sharing his story with anyone who would listen. Lara traveled to Washington, D.C., organized a march, spoke on CNN, and worked closely with advocacy groups. Immigration attorney Ava Benach heard Lara’s story and took his case pro bono. Three days before his scheduled deportation, Lara was granted deferred action.

Deferred Action for Childhood Arrivals (DACA) protects certain individuals who came to the United States as children and is renewable every two years. However, it does not provide lawful status. As of July 16, 2021, the Department of Homeland Security no longer accepts new DACA applications. On Oct. 10, 2024, the Fifth Circuit Court of Appeals in New Orleans heard oral arguments on the legal standing of DACA in Texas. The judges were split on their decision and did not issue a ruling, leaving individuals like Lara in immigration limbo.

“I think it has no positive benefits whatsoever, and it’s going to be highly traumatic for DACA holders, people who care about them, people who love them, their families, their friends, their employers, (and) our overall economic health,” said Benach. Immigration attorney Matthew T. Famiglietti echoed her concerns, warning that ending DACA could devastate the economy.

Lara, now founder and CEO of electronic home control company iknowpc, employs hundreds of people who rely on him. Lara said he owns several debt-free properties in South Florida and has a clean criminal record. “I’m doing all this crazy work, and I’m sure everyone on the other side just has no idea that I’m theoretically undocumented,” Lara said. 

Christian Penichet-Paul, assistant vice president of policy and advocacy at the National Immigration Forum, emphasized that regardless of the outcome of the next presidential election, it’s up to Congress to address the challenges of immigration policy. “The immigration system is totally, totally broken, and Congress really needs to fix it,” said Famiglietti, who has worked in immigration law since 2016.

While immigration remains a political football, Dreamers are left fearing they may have to leave the only country they’ve ever known. “I think they’re very, very discouraged with the U.S. political system,” Benach said. “DACA was a stopgap measure.” The temporary solution has been in place since its inception in 2012.

The Dream Act, which would permanently protect Dreamers, has been proposed multiple times since 2001 but has failed each time. Penichet-Paul believes comprehensive reform needs to go beyond the Dream Act and address broader issues like work visas, pathways to citizenship, the U.S.-Mexico border, and international efforts to mitigate migration.

U.S. immigration policy has not seen significant reform since 1990, leaving Dreamers questioning their future. “For those DACA recipients who are currently protected, the situation is very tenuous because the circuit court could issue a decision saying the program is unlawful,” said Penichet-Paul. Famiglietti and Benach agree that policy reform is urgently needed.

Lara, now 38, continues to live in Miami, working to automate his business so he can take a step back. “Basically, I don’t really have to work that hard, but I still do,” he said. “And hopefully this thing with, you know, legalization will get resolved at some point. I’m hopeful. I don’t have very many options.”