How to fight back on DACA

What you need to know about DACA and Congress

The Deferred Action for Childhood Arrivals (DACA) program, established through an executive order by President Obama, is on the chopping block. Hundreds of thousands of immigrant children and young adults have applied for and use the program, and this action puts their future in the United States in serious jeopardy. Here’s what you need to know about DACA and how to talk to your representatives about making protections permanent.

What is DACA?

DACA was established through an executive order by President Obama in 2012. It allowed children who were brought without documentation to the United States before 2007 and were under the age of 16 at the time of their arrival to apply and register with the government. In exchange for their application and a fee, these kids would be allowed to go to school and work and their deportation would be deferred.

The process is expensive ($495 just for the application) and time-consuming (4–8 months before you get your employment authorization card). People with felonies or serious misdemeanors are excluded and their immigration status doesn’t change. They have to renew their applications every two years.

If you’d like to read more in-depth about what DACA is, check out this article from Vox. It’s important to note that DACA recipients pay taxes (including Social Security and Medicare) on their earnings, and are simultaneously not eligible for any government programs because they do not have citizenship or legal permanent resident status.

What DACA isn’t.

DACA isn’t an amnesty program. Since Congress has failed several times to address the issues of Dreamers , President Obama proposed DACA. It’s hardly a band-aid for this situation, since the president doesn’t have power to grant legal status to any group of people — only Congress has that power. This executive order simply prevented Dreamers from being deported as long as they were in the program. There was no pathway to citizenship or legalization in DACA.

DACA wasn’t a law. Because it was an executive order, the stability of DACA was always shaky. Another president could drastically alter the program or get rid of it altogether. And that’s precisely what happened.

What comes next?

President Trump has passed the ball to Congress. In six months, the program will end, and for many dreamers, so do their protections. There are a handful of applicants that can renew for an additional two years, but for the vast majority (nearly 75 percent), their applications will expire after March 2018.

Congress has a few options that are currently bills in either the House, the Senate or both. Here’s a brief rundown of what those options are, but you can read more about what they entail in a great post by Action Utah:

• The BRIDGE Act (2017) S. 128 and H.R. 496: This is a stop-gap measurement for current DACA applicants and DACA-eligible applicants that extends their protection for an additional three years. The law would have to be renewed every three years, and it provides no pathway to citizenship or legalization.
• DREAM Act (2017) S. 1615 and H.R. 3440: This is a piece of legislation that was originally introduced in 2001. It has had bipartisan support in the past, and it does provide a pathway to citizenship for recipients (at least in its current form).
• American HOPE Act of 2017 H.R. 3591: This legislation provides a five-year pathway to citizenship for eligible recipients. Immigrants who arrived before their 18th birthday and before December 31, 2016 would be eligible.

Take a few moments to read through these bills and understand their benefits and their limitations. It will be important for your next steps.

How to talk to Congress about DACA

Congress has a limited window to act. And, while the details are being sorted out, current DACA recipients are in limbo. They don’t know what will happen with their education and their employment. And, this issue is coming up during crucial budget talks and conversations about disaster relief. Calling your representatives now about DACA is crucial to keep it on the top of their minds.

Demonstrate that you know your stuff

Remember, DACA didn’t grant legal status to applicants — and it wasn’t repealed, it was rescinded. These details show that you’ve done your homework and understand what’s at stake for these immigrants. Focus on how successful the program has been: it’s created jobs, brought these kids out of the shadows, and allowed them to work and contribute in so many meaningful ways.

Highlight Congress’s mandate to act

A popular talking point is that President Obama’s executive order was unconstitutional. While that claim isn’t truthful (read more about that at the Daily Dot), it is a distraction from the bigger issue at hand: DACA is going away and Congress has the power to act.

So, rather than use your time on the phone talking about the legality of DACA, focus on the options Congress currently has and how you’d like your representative to proceed. If you’d like them to cosponsor a current piece of legislation, give them the bill number.

If you’re looking for a script, check out this one from my friend, Celeste:

Ask for a clean piece of legislation

As happens with most major pieces of legislation, the more palatable and bipartisan pieces are held hostage by attaching them to other pet projects. In this case, Congress may tie dreamers’ fates to funding for the border wall.

This kind of political maneuvering leads to bad legislation and patchwork problem-solving. Protection for dreamers can and should be done without other immigration pieces tied to it.

Call your legislator about bills in their chambers

As well meaning as you might be, calling Paul Ryan, Mitch McConnell, or other members of leadership if you don’t live in their states or districts isn’t effective. While this is frustrating for those of us who want to reach the legislators with the ability to set agendas and control the messages in Congress, these offices at best will forward your message to your representative or ignore them.

Along those same lines, when you contact your legislator, talk to them about the bills in their chambers. For instance, senators can cosponsor Senate bills, and representatives can cosponsor House bills. While there is some communication between the House and Senate, it’s not worthwhile to bring up what’s happening in another chamber.

Advocacy beyond Congress

After you’ve called your representatives, sent them an email, or communicated with them somehow — yes, even if they agree with your position — you may want to know what else you can do to help. Here are a few suggestions to take your action to the streets:

• Contact your local representatives (governor, state legislature, attorney general, mayor, etc.) and ask what they will do to protect dreamers. While immigration policy happens at a federal level, many cities and states have pledged support for dreamers.
• Encourage a friend to call their representative. If you’ve called, get five more people on the phone.
• Share good information about DACA and Dreamers. If you see misinformation about the immigration process, kindly and swiftly correct it where you can.
• Support immigrant-owned businesses. Give them your money and your patronage whenever possible.
• Consider donating money to students and other applicants who are renewing their DACA status. It’s an expensive application, and every little bit helps.
• Donate time or money to organizations that lobby for immigration reform.
• Check in with your immigrant and undocumented friends. Offer to grab groceries for them or pick up their kids from school. Let them know you’re there to tangibly support them.
• Amplify and promote immigrant stories. Explaining the economics of DACA is only surface-level. They have an important story to tell about life in America, and you can help share it. Give them the space and attention to share their story, and help lift it up for those who do not share their experience.

However you choose to engage, remember that as citizens, we have a unique privilege and responsibility to fight for these kids. With this announcement, immigrant communities, DACA recipients are frightened and uncertain about their future. A compassionate approach to immigration strengthens our communities and provides hope and stability for everyone.