Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals (DACA) is an American immigration policy started by the Obama administration in June 2012 that allows certain undocumented immigrants to the United States who entered the country as minors to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit. To be eligible, immigrants must have entered the United States before their 16th birthday and before June 2007, be currently in school, a high school graduate or be honorably discharged from the military, be under age 31 as of June 15, 2015, and have not been convicted of a felony, significant misdemeanor or otherwise pose a threat to national security. The program does not provide lawful status or a path to citizenship.^[1]

The policy was created after acknowledgment that these immigrants had been largely raised in the United States, and was seen as a way to remove immigration enforcement attention from "low priority" individuals who act as good citizens.^[2] The undocumented student population was rapidly increasing; approximately 65,000 undocumented students graduate from U.S. high schools on a yearly basis.^[3] This policy now faces threats by president-elect Donald Trump.^[4]

At the program's start, the Pew Research Center estimated that up to 1.7 million people might be eligible.^[5] As of June 2016, U.S. Citizenship and Immigration Services (UCSIS) had received 844,931 initial applications for DACA status, of which 741,546 (88%) were approved, 60,269 (7%) were denied, and 43,121 (5%) were pending. Over half of those accepted reside in California and Texas.^[6]

In November 2014, U.S. President Barack Obama announced changes to DACA which would expand it to include undocumented immigrants who entered the country before 2010, eliminate the requirement that applicants be younger than 31 years old, and lengthen the renewable deferral period to two years. The Pew Research Center estimated that this would increase the number of eligible people by about 330,000.^[7] However, due to a federal court order, USCIS did not begin accepting requests for the expansion of DACA on February 18, 2016 as originally planned. The court's temporary injunction, issued February 16, does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the guidelines established in 2012.^[1]

History

President Barack Obama announced the policy with a speech in the Rose Garden of the White House on 15 June 2012, a date chosen as the 30th anniversary of Plyler v. Doe, a Supreme Court decision barring public schools from charging undocumented immigrant children tuition. Republican Party leaders denounced the program as an abuse of executive power.^[8] The initiative was in part a reaction to the failure of the DREAM Act, a bill that would have granted conditional permanent residency to a similar but more restricted group of undocumented immigrants.

USCIS began accepting applications for the program on 15 August 2012.^[5]

Republican response

Nearly all Republicans in the House of Representatives (along with three Democrats) voted 224-201 to defund DACA in June 2013.^[9] Lead author of the amendment Rep. Steve King (R-Iowa) stated, "The point here is...the President does not have the authority to waive immigration law, nor does he have the authority to create it out of thin air, and he's done both with these Morton memos in this respect."^[10] However, in practice Congress does not have the ability to defund DACA since the program is almost entirely funded by its own application fees rather than congressional appropriations.^[11]

Although politicians are divided on immigration issues related to DACA, former presidential candidate Mitt Romney stated that he would honor the grants of deferred action approved under DACA until a more permanent legislation was put into place.^[12]

Implementation

DACA was formally initiated by a policy memorandum sent from Secretary of Homeland Security Janet Napolitano to the heads of U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE). The memo formally directed them to exercise their enforcement discretion on behalf of individuals who met the requirements.^[13]

To apply for DACA, individuals must pay a $465 application fee, submit a number of forms, and produce documents showing they meet the requirements. They do not need legal representation.

Eligibility

In August 2012, the Migration Policy Institute estimated that as many as 1.76 million people could be eligible for DACA. Of those, 28% were under 15 and would have to wait until reaching that age to apply. In addition, roughly 20% did not meet any of the education criteria, but could become eligible by enrolling in a program before submitting their application. 74% of the eligible population was born in Mexico or Central America. Smaller proportions came from Caribbean and South America (11%), Asia (9%), and the rest of the world (6%).^[14]

To qualify for DACA, applicants must meet the following major requirements, although meeting them does not guarantee approval:^[1]

• Came to the United States before 16th birthday
• Have lived continuously in the United States since 15 June 2007
• Were under age 31 on 15 June 2012 (i.e., born after 15 June 1981)
• Were physically present in the United States on 15 June 2012, and at the time of making your request for consideration of deferred action with USCIS
• Had no lawful status on 15 June 2012
• Have completed high school or a GED, have been honorably discharged from the armed forces, or are enrolled in school
• Have not been convicted of a felony or serious misdemeanors, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety

To show proof of qualification(verify these requirements), applicants must submit three forms; I-821D, Consideration of Deferred Action for Childhood Arrivals; I-765, Application for Employment Authorization; and I-765WS, Worksheet, as well as supporting documentation.^[1]

Travel Eligibility

In addition to the $465 application fee, if a DACA qualifying individual wants to travel abroad there is an additional fee and application requirement.

Form I-131 Application Type D, with a fee of $360 needs to be submitted to USCIS.^[15]

To receive advance parole on must travel abroad for the sole purpose of an educational, employment, or humanitarian purposes. This must be indicate on the Form I-131 as described below:

• Educational purposes, such as studying abroad;
• Employment purposes, such as overseas positions, interviews, training, or meetings with clients; or
• Humanitarian purposes, such as travel for medical reasons, attend funeral services for a family member, or visit an sick relative.

Travel for leisure is not a valid purpose.^[15]

Renewals

USCIS released the process for DACA renewals in June 2014 and directed applicants to file their documents during a 30-day window starting 150 days before the expiration of their previous DACA status. Renewing requires an additional $465 fee.^[16]

As of June 2016, there had been 606,264 renewal cases, with 526,288 approved, 4,703 denied and 75,205 renewals pending.^[6]

Impact

A 2016 study found that DACA increased labor force participation and decreased the unemployment rate for DACA-eligible immigrants. DACA also increased the income of unauthorized immigrants in the bottom of the income distribution. However, DACA had no significant effects on the likelihood of attending school. Using these estimates, DACA moved 50,000 to 75,000 unauthorized immigrants into employment.^[17]

State responses

State-level government officials are also divided on the issue. Although state governments cannot affect DACA itself, they can control the state benefits available to individuals under deferred action.

California

To assist those eligible under the program,^[18] the state of California has agreed to support those who receive a DACA grant by allowing access to a state driver's license,^[19] provided that such individuals participate in specific state guidelines (such as paying income taxes). The state of California also allows DACA holding individuals to qualify for Medi-Cal.^[20]

Arizona

Arizona became the first state to oppose President Obama's order for DACA when Governor Jan Brewer issued a counter-order that prevents those with deferred status from receiving any state benefits.^[21] This caused controversy,^[22] as eligible and approved applicants would still be unable to obtain a driver's license.^[23] In May 2013, a federal district court held that this policy was likely unconstitutional. In 2014, the Ninth Circuit Court of Appeals issued a preliminary injunction against Brewer's ban, and in November 2014 held this ban was in violation of the law.^[24]

Maryland

Baltimore's Mayor Stephanie Rawlings-Blake has chosen to open the city's doors to undocumented immigrants to boost its dwindling population. The city boasts an executive order prohibiting officials from questioning an individual's immigration status, especially with regard to Maryland's Dream Act, which grants in-state tuition rates to "any student who graduates from a Maryland high school and comes from a family who has paid taxes. If the individual is a male he must also complete his Selective Service form and prove his acceptance."^[25]

Illinois

In a New York Times interview, Chicago Mayor Rahm Emanuel stated that he wants to make Chicago the "most immigrant-friendly city in the country". In addition to offering in-state tuition for undocumented immigrants, he has also made plans for an ordinance that would prevent undocumented immigrants with no criminal background from being turned over to immigration enforcement agencies.^[26]

Texas

Although in-state tuition is still offered, Governor Rick Perry announced his opposition to DACA by distributing a letter to all state agencies, meant "to ensure that all Texas agencies understand that Secretary Napolitano's guidelines confer absolutely no legal status whatsoever to any illegal alien who qualifies for the federal 'deferred action' designation.”^[27]

Nebraska

Governor Dave Heineman also joined in the opposition against DACA, confirming that the state, "...will continue its practice of not issuing driver's licenses, welfare benefits, or other public benefits to illegal immigrants" regardless of deferred status. Since then, however, Nebraska legislature has made it legal for these people to acquire driver's licenses.^[28]

Michigan

In October 2012, the Michigan Secretary of State, Ruth Johnson, announced that Michigan will not issue drivers licenses or state identification of any kind to beneficiaries of Deferred Action for Childhood Arrivals.^[29] In making this decision, it was clear that the Secretary of State erroneously conflated the notion of "lawful presence," which is required under Michigan Law to issue a drivers license, and "lawful status," a different legal concept entirely.^[30] USCIS has made it clear that DACA beneficiaries do not possess legal status, but does not state that DACA beneficiaries are unlawfully present; in fact, it states that DACA beneficiaries will not accrue unlawful presence time here while they are in this deferred action status.^[31] The Secretary of State relied upon USCIS' own explanation, which discusses legal status, not lawful presence.^[31] In response to this policy, the ACLU filed a lawsuit against Johnson, alleging that the policy violated both Michigan law and the U.S. Constitution.^[32] On January 18, 2013, USCIS updated their "Frequently Asked Questions" page about DACA, clarifying, among other things, that DACA beneficiaries are, in fact, lawfully present in the United States.^[33] On 1 February 2013, Johnson reversed her policy and began issuing drivers licenses to DACA beneficiaries on February 19, 2013.^[34]

North Carolina

North Carolina briefly suspended giving out drivers licenses to DACA grantees while waiting for the state attorney general’s opinion. The attorney general decided that even without formal immigration status the DACA grantees were to be granted legal presence. After that, the state once again continued to give out drivers licenses and allowed the DACA grantees to become legal members of North Carolina.^[35]

Virginia

On April 29, 2014, Virginia Attorney General Mark Herring sent a letter to the director of the State Council of Higher Education for Virginia (SCHEV), the presidents of Virginia public colleges and universities, and the chancellor of the Virginia Community College System, in response to inquires from public institutions of higher education on whether DACA students are eligible for in-state tuition. The attorney general advised these institutions that under Virginia law, DACA students who meet Virginia's domicile requirements are eligible for in-state tuition.^[36][37]

See also

• Immigration to the United States
• Deferred Action for Parents of Americans
• Undocumented youth in the United States
• Undocumented students in the United States
• DREAM Act
• Immigration Reform

References

External links

• American Immigration Council. Deferred Action for Childhood Arrivals: A Q&A Guide
• The Economist. Out of the shadows: A first step to make young illegal immigrants welcome
• U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals Process
• U.S. Citizenship and Immigration Services. USCIS: Deferred Action for Childhood Arrivals
• The White House. Deferred Action for Childhood Arrivals: Who Can Be Considered?
• Department of Homeland Security. U.S. Department of Homeland Security: Deferred Action for Childhood Arrivals
• U.S. Citizenship and Immigration Services. DHS Outlines Deferred Action for Childhood Arrivals Process