Immigration
DACA & “Dreamers”: What You Need to Know to Understand the Headlines
An immigration lawyer’s simply, no BS guide to understanding the hotly debated program
DACA is a four letter acronym that gets tossed around between cable news anchors and candidates during electoral season. A lot of important people talk about DACA but seldom know what the hell they are saying. Keep reading if you want to sound smarter than them.
DACA is an acronym for Deferred Action for Childhood Arrivals
On June 15, 2012, President Obama created DACA by executive order after Congress failed to pass The Dream Act; a law that would have protected some immigrants from deportation who were brought to the United States illegally when they were children.
As usual, Congress could not reach an agreement on immigration and so the law was never passed. The DACA program was borne out of the failed Dream Act and thus DACA recipients are often referred to as “Dreamers”.
DACA recipients only get a temporary work permit
Both sides of the aisle have criticized DACA for being an amnesty program by ‘rewarding’ illegal presence in the United States. However, in reality DACA is far less generous.
DACA recipients only receive a temporary work permit and must pay $495 to renew it every other year. The two-year work permit is accompanied by eligibility for a social security number. A social security number allows DACA recipients to get bank loans, health insurance, admission to higher education institutions and mortgages. While they may qualify for admission to college, in most states DACA recipients don’t qualify for in-state tuition and are ineligible for federal student loans.
DACA provides no permanent protection, no pathway to citizenship and can be revoked at any time for almost any reason. The work permit only allows the recipient to work legally in the U.S. It does not give them any other benefit enjoyed by U.S. citizens or permanent residents such as petitioning for family members or receiving Medicaid and food stamps. Once the work permit expires so does their protection from deportation and all other benefits tied to their social security number.
Only a small subset of immigrants are eligible for DACA
The vast majority of undocumented children in the United States today are not eligible for DACA. The program was announced in 2012 but included a provision that beneficiaries must prove they were present in the United States before June 15, 2007. Many immigration benefits apply retroactively so as to prevent one of the mythical “border surges” often discussed in immigration policy debates.
Generally, to be eligible for DACA one must:
- Have been younger than 16 years old when they came to the United States
- Have been in the United States continuously since June 15, 2007 (and can prove that)
- Were younger than 31 years old and had no lawful status on June 15, 2012
- Have graduated high school or are currently enrolled in school
- Have not been convicted of a significant misdemeanor or felony*.
As of December 2020, there were approximately 635,000 current DACA recipients. This number pales in comparison to the estimated 11 million undocumented immigrants in the U.S. The vast majority of the undocumented population does not benefit from DACA but the program does provide protection, stability and the means for an American life for hundreds of thousands of young people in the country.
The DACA program is currently paused
DACA has a long, complicated litigation history. Multiple federal courts including the U.S. Supreme Court have heard cases regarding the legality of the DACA program. Most of the litigation focuses on whether a President can use executive orders to create immigration policy instead of legislation passed by Congress.
On July 16, 2021, a Federal court in Texas struck down the DACA program and ordered the Federal government not to grant any new DACA applications. Fortunately, this means current DACA recipients are not affected but it does further weaken the foundation of DACA and call into question the program’s future.
Legislation is necessary to protect DACA recipients
President Biden’s reaction to the Texas decision was to urge Congress again to legislate a pathway to citizenship for DACA recipients. This is a futile effort. Congress has not touched DACA, or immigration policy in general, for many years.
DACA recipients cannot vote and thus do not hold the political power necessary to sway Congress. Nevertheless, the livelihoods of those 635,000 young people remain in the hands of the 535 members of Congress.
On August 11, the Senate passed a budget bill that included funding for creating a pathway to citizenship for DACA recipients and other immigrants. Hold your applause. While this is positive news — it practically means nothing. The bill does not contain any plan or specific framework for how a path to citizenship may be implemented nor has it been passed by the House. The future of DACA is yet to be seen but the fight for DACA recipients remains alive.
*This is not legal advice and if you think you may be eligible for DACA you should speak with a licensed attorney*
