DACA??

Recent events in American political discourse makes this discussion inevitable and important. This post will provide information on the DAPA and DACA programs, respectively, give some background into the DREAM Act, and finally will delve into the President’s comments and recent policy discourse on DACA recipients and related programs. Each side can argue for economic, political, and security reasons for and against these programs. But the hardest part to argue is also the hardest piece to be a part of discussion with. It is important to stress the humanity of the people seeking amnesty and/or naturalization. It is also important to stress the humanity of those who make these decisions.

DACA stands for Deferred Action for Childhood Arrivals and was passed into law in 2012. The Department of Homeland Security was the one to release the statements and information on DACA. DACA applies to people who came to the U.S. illegally as children without choice and extends mild protection to them to stay in the only place they really know as “home”.

The criteria for requesting DACA include:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Had no lawful status on June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
8. Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA.

The process for application is:

1. Get Help: Don’t apply alone. Make sure that lawyers or representation understand DACA and understand your goals.
2. Collect Evidence: See below for a detailed list of required documents. Remember to only send copies (not originals) of supporting documents.
3. Complete Applications: G-28 — Notice of Entry of Appearance As Attorney (Optional); G-1145 — E-Notification (Optional); Form I-821D — Consideration of Deferred Action for Childhood Arrivals; Form I-765 — Application for a Work Permit; and Form I-765WS — Worksheet explaining your economic need to work.
4. Submit Applications: Include all supporting documents, two photos and fees. The fee is $495.00 (pay using a check or money order payable to Department of Homeland Security).
5. Background Check and Fingerprints: You will receive a receipt by mail that contains your receipt number and an appointment notice to get your fingerprints taken for a background check.
6. Final Steps: Once you have been fingerprinted, you will receive either a letter asking for additional information (called a Request for Evidence) or a final decision. Most INITIAL applicants receive a final decision 6–8 months from the date they apply.

It is important to note that DACA doesn’t specifically target nor is excludable solely to Mexicans or even South Americans. It is an open enrollment program for anyone. It is true that a vast majority of DACA applicants and recipients are from south of the U.S.’s boarder, but the top 5 countries of origin for DACA immigrants includes: Mexico (65% of applicants are eligible), El Salvador (4% eligible), Guatemala (3% eligible), Honduras (2% eligible), and South Korea (3% eligible).

DAPA refers to Deferred Action for Parents of Americans and Lawful Permanent Residents. To be eligible for deferred action under DAPA, you must:

1. Be the parent of a U.S. citizen or lawful permanent resident.
2. Have continuously lived in the U.S. since January 1, 2010.
3. Have been present in the U.S. on November 20, 2014. It’s also likely that you will need to be present in the U.S. every day from Nov. 20, 2014, until you apply for DAPA.
4. Not have a lawful immigration status on November 20, 2014. To meet this requirement, (1) you must have entered the U.S. without papers, or, if you entered lawfully, your lawful immigration status must have expired before November 20, 2014; and (2) you must not have a lawful immigration status at the time you apply for DAPA.
5. Have not been convicted of certain criminal offenses, including any felonies and some misdemeanors.

Both DACA and DAPA refer to “deferred action”, but what is it? “Deferred action is a more formal way of exercising prosecutorial discretion… Deferred action enables the government to make a formal determination not to pursue removal of an unqualified or unlawfully present individual for a specific period of time, usually for extraordinary humanitarian or law enforcement purposes. For example, some foreign students affected by Hurricane Katrina were granted deferred action, as were Haitians who fled to the United States on non-immigrant visas following the earthquake in 2010. As with other forms of relief, beneficiaries can receive a work permit.”

People often refer to DACA recipients as DREAMERs, which actually refers to another policy that has been trying to achieve implementation since 2001. This did not pass, but the name seem to stick. DREAM stands for “ Development, Relief, and Education for Alien Minors”. The DREAM Act at its basis is to create a pathway to legal citizenship for undocumented youth who came to the U.S. as children. The bill has bipartisan support, and yet has never been able to successfully be passed.

The three step pathway to citizenship via DREAM Act:

1. Conditional Permanent Residence
2. Lawful Permanent Residence
3. Naturalization

President Trump recently made the decision to end DACA, putting blame on President Obama for creating it under executive authority and emphasized that if people really wanted this, then Congress needs to come up with a solution. People can still renew their permits if they expire in the next 6 months, but new permits will not be permitted. The administration sees this as the more humane option, rather than seeing the policy go to court, which it likely would not be able to stand against. The 6 month window for renewal represents the amount of time that Congress has to come up with a real solution that is constitutional, while also providing better security and assurance than DACA ever could (seeing as it was an unsure policy of two year iterations, hoping that eventually one day there would be an option to naturalize).

Janet Napolitano served as Obama’s Secretary of Homeland Security and helped create DACA. She is currently suing President Trump for ending the DACA program under the notion that Trump violated administrative procedures and constitutional due process.