Deferred Action for Childhood Arrivals (DACA) is an American immigration policy enacted June 15th, 2012 by former president Barack Obama. The policy seeks to provide administrative relief from deportation as well as access to a work permit for eligible immigrant youth who came to the United States when they were a child. On August 15, 2012, U.S. Citizenship and Immigration Services (USCIS) began accepting applications for the program. Approximately 800,000 undocumented individuals have received temporary deportation relief under DACA.
There are several qualifications that you must meet in order to be a recipient of DACA. At the time of its creation, you had to be 31 years of age or younger, a permanent resident within the states for at least 5 years, migrated here before the age of sixteen, and you had to be currently studying, possess a GED or a high school diploma. It was also required that you have not been convicted of a felony, certain other serious criminal offenses, or have at three or more misdemeanors on your permanent record.
At the time of its implementation, Republican Party leaders alike joined together to denounce the program labeling it an abuse of executive power. Opposition to the program can best be summed up by Rep. Steve King (R-Iowa) who stated that, ‘The President does not have the authority to waive immigration law, nor does he have the authority to create it out of thin air…”
On September 5, 2017 President Donald Trump issued a ‘Memorandum on Rescission of Deferred Action for Childhood Arrivals’ announcing that the Department of Homeland Security personnel would take “all appropriate actions to execute a wind-down of the program.” The decision came following a letter the day before from Attorney General Jeff Sessions threatening legal action against the executive Branch if the 2012 memorandum regarding DACA was not rescinded.
Many conservatives in Congress have been very vocal in their disapproval of the DACA program with some calling Obama’s executive order unconstitutional and alleging that the president does not have the authority to enact such foreign policy legislation on his own accord. Supporters of the program argue that DACA is necessary to provide protection to young immigrant youth who came to the United States as small children at no fault of their own. DACA allows them to stay in the states and obtain a driver’s license as well as a work permit and provides better access to education.
The issue regarding DACA is a very important one as foreign policy was a large proponent of Trump’s campaign platform and something that he has addressed and promised to reform time and time again. Undocumented immigrants account for nearly four percent of the U.S. population at a total of 12 million according to estimates from the Department of Homeland Security. Given the eligibility requirements outlined by Obama’s executive order, many of those who are recipients of DACA are young adults. Many of which are attending college or various post-secondary institutions. The have jobs, own businesses, etc. For many, they arrived when they were infants and only know of the U.S. as home. Without protection under DACA, these individuals are subject to being deported which could have disastrous effects on the economy as well as many small close-knit communities that have high DACA populations in states like California, Florida, and New York.
The Policy Problem
The issues and concerns regarding DACA are very complex. Many supporters of the program argue that people who came to the United States as children are not to blame for immigration status as it was completely out of their control. Supporters argue that allowing these individuals to obtain jobs and participate in (or contribute to) the economy is a benefit for everyone involved.
Currently, the DACA program allows Dreamers to enroll in college, serve in the military, and get a driver’s license. Before DACA, the lack of these important credentials forced many illegal immigrants to enter the low-wage labor market even if they obtained advanced degrees. The 2017 National DACA Study, conducted by Tom Wong, a UC San Diego professor of political science reported that “54% of respondents secured their first job after obtaining work authorization via DACA, and 91% of respondents are currently employed.”
Authorization to work and increased access to education has helped DACA youth obtain jobs with higher pay allowing them to be active and contributing members to society. In fact, 21 states already have laws that allow undocumented students to pay in-state tuition or have university systems that offer in-state tuition to their undocumented students. According to the Institute on Taxation and Economic Policy (ITEP), DACA youth contribute an estimated $2 billion a year in state and local taxes. Furthermore, it is estimated that eliminating DACA would result in a loss of nearly $460.3 billion to the United States GDP over the next 10 years. Costs of deporting these young adults who are protected under DACA is projected to cost a whopping $10 billion (Politco).
Although it is hard to know exactly who DACA recipients are, it has been shown that their contributions to the community, the labor market, taxes, and even social security funds are very much welcomed and needed. Those that argue these individuals are “taking away jobs from American people” are extremely misinformed. The Migration Policy Institute reports that the DACA eligible comprise just 1.3% of the 48.9 million people ages 16 to 32 in the labor force in 2014 thus indicating they do not have any significant impact on other U.S. workers ability to attain jobs.
Repealing DACA will have an immense social impact as well as the potential expulsion of hundreds of thousands of people who were born and raised in the United States would be forced to go back to a country they’ve never known. Never in the history of the United States has the government offered protection to so many individuals who did not have the opportunity to obtain full legal status here.
Any long-term solution to this highly politicized issue would need bipartisan support. On the Democratic side, it must include the protection of DACA recipients from deportation and have access to both an education and the work force. On the republican side, conservatives would like to ensure that no DACA recipient receives a green card to quell their concerns regarding an increase in family immigration and Democratic Voter registration. However, whatever solution to this issue would need to include some form of a pathway to citizenship.
Recommendations
In a survey conducted by politico, the majority of Americans agreed that those known as ‘Dreamers’ should be allowed to stay in the United States and become citizens if they meet specific requirements. Many dreamers arrived at a very young age, many of which as infants who have no recollection of living anywhere else. Rescinding DACA will have several adverse effects on the U.S. economy as well as public schools and universities. As previously explained, removing those protected under the DACA program and thus removing them from the labor market is projected to cost billions of dollars, especially when you factor in employee turnover and termination costs.
Based on my research, the DACA program as well as its recipients play a vital role in not only our economy but our society. The issues concerning DACA should not become a political one as the people involved in this matter are much more important the politics. These are the lives of nearly a million young Americans who are perusing their goals and are important contributors to our society.
Congress has seen four proposals regarding a solution to DACA including the Recognizing America’s Children Act, The American Hope Act, and the Dream Act.
- Dream Act, sponsored by Sens. Dick Durbin, D-Ill., and Lindsey Graham, R-S.C.
The Dream Act (an acronym for Development, Relief, and Education for Alien Minors Act) as proposed in 2017 directs the Department of Homeland Security to “cancel removal and grant lawful permanent resident status on a conditional basis to an alien who is inadmissible or deportable or is in temporary protected status.” During the first six years of the DREAM Act, qualifying people would be granted a conditional status that would require them to either (1) graduate from a two-year community college, (2) complete at least two years towards a four-year degree, or (3) serve two years in the United States military. After the six-year conditional period, those who met at least one of the aforementioned conditions would be eligible to apply for permanent resident status, which would eventually allow them to become U.S. citizens. The Dream Act of 2017 essentially has many of the same provisions as DACA does, however unlike DACA, it provides a path to citizenship.
- Recognizing America’s Children Act, sponsored by Rep. Carlos Curbelo, R-Fla.
The Recognizing America’s Children Act, introduced in March of last year, is very similar to the Dream Act and DACA as well. The bill provides immigrants with a similar three options after being properly vetted by the Department of Homeland Security. Those eligible for the program would be granted a 5-year conditional status. Provided they attend an institution of higher education, serve in the armed forces, or obtain work authorization, they would be able to reapply for a 5-year permanent status. At the end of their permanent status, they would then be eligible to apply for citizenship.
- The American Hope Act, sponsored by Rep. Luis Gutierrez, D-Ill.
The American Hope Act was introduced in July of 2017 and backed through the Congressional Hispanic Caucus. To be eligible for the program, you must have entered the United States before the age of 18. Unlike the other two programs (i.e. the Dream Act and the Recognizing America’s Children Act) the American Hope Act does not include any education, work, or military service requirements. The only caveat is that you may not have been conceited of certain crimes. Of the approaches, this one provides the fastest path to citizenship. Those eligible for the program can apply for conditional permanent residency, and after three years they can apply for lawful permanent residence status. After a total of five years, they can apply for U.S. Citizenship.
- BRIDGE Act, sponsored by Rep. Mike Coffman, R-Colo.
The BRIDGE Act, which stands for Bar Removal of Individuals Who Dream and Grow our Economy, was proposed in January and essentially writes the current DACA program mandated by President Obama into law with a three-year extension of the program. The bill was designed to give Congress more time to come up with a more viable solution. Unlike the other proposed acts however, the BRIDGE Act does not provide a path to citizenship.
Conclusion
Of all the proposed solutions to this issue, I think the Recognizing America’s Children Act proposed by Rep. Carlos Curbelo is currently the best solution to this issue. The act provides a clear bath to citizenship for undocumented youth and has many of the same provisions of the DACA program.
The issue and debate surrounding DACA and undocumented immigrants has been one that has plagued Congress for years. It was in June of 2012 that President Obama announced Deferred Action for Childhood Arrivals as a temporary “stopgap measure that lets us focus our resources wisely while giving a degree of relief and hope to talented, driven, patriotic young people.’ The hope was that lawmakers would be able to pass a law that would formalize the immigration status of DACA eligible individuals, however they have continuously failed to do so. In fact, lawmakers have been trying to pass the DREAM Act since 2001.
In August of 2016, as part of his proposed immigration plan, Trump stated that he would “terminate President Obama’s two illegal executive amnesties” Accusing the former president of defying federal law by giving amnesty to illegal immigrants.
Post-election, Trump seemed to soften his stance on the program going on record that DACA recipients “got brought here at a very young age, they’ve worked here, they’ve gone to school here. Some were good students. Some have wonderful jobs. And they’re in never-never land because they don’t know what’s going to happen.’ Leading many to wonder if he would leave the program intact or work to find a solution that improved upon it that would garner bipartisan support. It wasn’t until September 5, 2017 that Trump issued an executive order rescinding the DACA program.
On the evening of January 9, 2018, a federal judge ordered that the federal government must keep DACA on the same terms and conditions that were outlined and placed into effect before the rescission of the program. This effectively allowed for recipients of DACA to continue applying for renewal. Democrat efforts to ensure a solution for the Dreamers would eventually lead to a government shutdown on January 20, 2018. To date, the preliminary injunction issued in U.C. Regents remains in effect, and DACA recipients are eligible to continue applying to renew their DACA.
As DACA continues to gain support from Americans, one can only hope that we will see a legitimate bipartisan-back piece of legislation enacted that provides protection to these nearly 800,000 individuals who call the United States the only home they have ever known.
