A Look at the Past, Present, and Future of DACA
Francis Hodge, Fall 2022
DACA, or Deferred Action for Childhood Arrivals, was created by President Barack Obama through an Executive Order in 2012.[1] This order came as a response to the failed attempt at passing the DREAM Act, a piece of legislation that would help illegal immigrants currently residing in the United States. The DREAM Act has had many iterations, and has come before Congress at least 11 times since the act’s original inception in 2001.[2] Advocates for immigration reform had criticized the Obama Administration for failing to push any legislation on the subject, and with a re-election approaching, he hoped to garner support.[3] DACA is a piece of legislation that provides a 2 year deferment from deportation actions which can be renewed, and eligibility for a work permit. The program is not a path to citizenship, and does not grant amnesty. Recipients of DACA cannot vote, receive Social Security, college financial aid, or food stamps. Only under specific circumstances are DACA recipients allowed to leave the country.[4] Overwhelmingly, recipients of DACA are originally from Mexico, followed up by other countries in South America, as well as Korea. The three states with the highest number of DACA recipients are California, Nevada, and Texas.[5] There are many requirements for a person to qualify for DACA: that the person be under the age of 31 as of June 15th, 2012, that they had entered the United States by their 16th birthday, that they have continuous residence in the United States since June 15th, 2007, that they be currently in school, or achieved a high school diploma or GED, or be an honorably discharged veteran, and that they have not been convicted of a felony.[6] While It is estimated that there are 1.9 million potential participants in this program, The USCIS has only registered 690,000 total to the program as of 2017.[7]
During his first presidential campaign, Donald Trump announced his plans to terminate DACA, and in June of 2017 his administration announced the phase out of the program.[8] The Department of Homeland Security rescinded the expansion of the program, and in September of 2017 Attorney General Jeff Sessions announced the program was being repealed. In response, multiple states filed lawsuits with the intent to stop the repeal of DACA. The judges in these cases filed injunctions to temporarily keep DACA instated, and in April of 2018 the US District Court for the District of Columbia ruled to temporarily maintain DACA. In May of that year, several states sued to rescind DACA, claiming that President Obama had overstepped his authority in the creation of the program.[9] In 2021, Judge Andrew Hanen ruled that DACA renewals could be processed, but suspended all new applications to the program, reversing an earlier ruling by the Department of Homeland Security that had moved to preserve DACA.[10] The Biden administration appealed this ruling to the 5th Circuit Court of Appeals, and added further protections to the program’s status by codifying it into regulatory law.[11] Judge Hanen requested additional legal arguments related to the circumstances of the case, but has not set a time for future hearings.
Turning to the experiences of DACA recipients, a look at the DACA subreddit shows discussion regarding current events and policy. It is home to 24.6 thousand members. Scanning recent posts, there are numerous queries related to the challenging task of navigating life in the limbo between citizenship and illegal alien status. One thread, in which a user talks of their plans to write letters to all 535 members of congress asking for their support of the program, garnered a plethora of responses with offers of co-signing the document, suggestions to add Judge Andrew Hanen to the list as well, and tips for how to best get the attention of one’s state representative and senator. There are numerous threads with questions about different jobs a DACA recipient is eligible, AMAs (Ask Me Anything) with people who work in immigration reform, and reminders to sign various petitions. Offline, organizations like Youth Empowered in the Struggle, or YES, and Leaders Igniting Transformation, or LIT provide platforms for DACA recipients, who cannot legally vote, to advocate for others to vote on their behalf. The groups canvass in areas with low voter turnout, and are involved with draft legislation and budget processes, areas of civic involvement open even to those who cannot vote.[12]
In the media, a depiction of a DACA recipient’s journey to join the Marines dramatized in the musical Americano! reflects DACA recipients’ desire to engage with the United States at the level of a full citizen. Barack Obama emphasized this sentiment in a response to actions taken by the Trump Administration to end the program in a statement, writing “To target these young people is wrong – because they have done nothing wrong. It is self-defeating – because they want to start new businesses, staff our labs, serve in our military, and otherwise contribute to the country we love. And it is cruel. What if our kid’s science teacher, or our friendly neighbor turns out to be a Dreamer? Where are we supposed to send her? To a country she doesn’t know or remember, with a language she may not even speak?”[13] 62 percent of those polled by NBC/ Wall St. Journal in December 13-15 of 2017 join former President Barack Obama in supporting the continuation of DACA [14], but with further hearings on the program in limbo, its future remains frustratingly uncertain for those who do currently or who wish to benefit from DACA.
Notes
[1]“Deferred Action for Childhood Arrivals (DACA).” Sandra Day O’Connor College of Law. https://libguides.law.asu.edu/DACA/history#:~:text=The%20Deferred%20Action%20for%20Childhood%20Arrivals%20%28DACA%29%20program,began%20accepting%20DACA%20applications%20in%20August%202012.%20Establishment Accessed 6 November 2022.
[2]“Deferred Action for Childhood Arrivals (DACA).” Howard University Law Library. https://library.law.howard.edu/civilrightshistory/immigration/daca Accessed 6 November 2022.
[3]Gamboa, Suzanne. “What is DACA? What you need to know.” NBC News. 8 March 2018. https://www.nbcnews.com/storyline/smart-facts/what-daca-n854906 Accessed 28 November 2022.
[4]Karen-Lee Pollack, “The History of DACA.” When Immigration Matters. https://www.pollakimmigration.com/blog/history-of-daca Accessed 6 November 2022.
[5]Campabadal, Marta. “This is how many Dreamers will be displaced if the DACA program ends.” MSN. 4 November 2022. https://www.msn.com/en-us/news/us/this-is-how-many-dreamers-will-be-displaced-if-the-daca-program-ends/ar-AA13JSKm Accessed 6 November 2022.
[6]Karen-Lee Pollack, “The History of DACA.” When Immigration Matters. https://www.pollakimmigration.com/blog/history-of-daca Accessed 6 November 2022.
[7]Gamboa, Suzanne. “What is DACA? What you need to know.” NBC News. 8 March 2018. https://www.nbcnews.com/storyline/smart-facts/what-daca-n854906 Accessed 28 November 2022.
[8]“Deferred Action for Childhood Arrivals (DACA).” Sandra Day O’Connor College of Law. https://libguides.law.asu.edu/DACA/history#:~:text=The%20Deferred%20Action%20for%20Childhood%20Arrivals%20%28DACA%29%20program,began%20accepting%20DACA%20applications%20in%20August%202012.%20Establishment Accessed 6 November 2022.
[9]Karen-Lee Pollack, “The History of DACA.” When Immigration Matters. https://www.pollakimmigration.com/blog/history-of-daca Accessed 6 November 2022.
[10]“What is the history and current status of DACA?” Carecen. https://www.carecen-la.org/what_is_the_history_and_current_status_of_dacaAccessed 6 November 2022.
[11]Garcia, Uriel J. “With a court ruling looming, young Texas immigrants prepare for the possible end of DACA.” The Texas Tribune. 1 September 2022. https://www.texastribune.org/2022/09/01/texas-daca-undocumented-court-ruling/ Accessed 6 November 2022.
[12]Tran, Lina. “These Wisconsin DACA recipients can’t vote, so they’re getting others to.” WUWM, 3 November 2022. https://www.wuwm.com/2022-11-03/these-wisconsin-daca-recipients-cant-vote-so-theyre-getting-others-toAccessed 6 November 2022.
[13]“READ: Obama’s full statement on DACA.” CNN. 5 September 2017. https://www.cnn.com/2017/09/05/politics/obama-full-statement-daca/index.html Accessed 28 November 2022.
[14] Gamboa, Suzanne. “What is DACA? What you need to know.” NBC News. 8 March 2018. https://www.nbcnews.com/storyline/smart-facts/what-daca-n854906 Accessed 28 November 2022.
Further Reading
“The Dream Act: An Overview.” American Immigration Council.
Jonathan Limehouse: “As judge weighs DACA, advocates gather in Houston to demand program remain in place.” Houston Chronicle.
Americano! The Musical. https://americanothemusical.com/about/