Ten years after the beginning of the DACA program granting hundreds of thousands of undocumented youth protection for deportation and permission to work, the future of the program remains uncertain.

The Fifth Circuit sent the case back to a lower federal court for further deliberations. The decision allows individuals with DACA to keep that status and to apply for two-year renewals. The court found that the original was unlawful, but it asked the lower court to consider the impact of a Biden administration regulation on the matter.

For now, if you don’t have DACA already, you may not apply. The case is likely to end up in the U.S. Supreme Court. It’s hard to predict how that court will rule, but a victory for the DACA program is possible, despite the court’s conservative bent.

As for Congress, hardcore anti-immigrants have managed to convince both parties that providing any benefit for any immigrant will result in electoral losses. Until we can change public perceptions on immigration, I see little hope for a path to permanent legal status for DACA holders.

- @awernick - immigration law columnist