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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.
Contents
- History
- Republican response
- Implementation
- Eligibility
- Travel eligibility
- Renewals
- Expansion
- Impact
- State responses
- California
- Arizona
- Maryland
- Illinois
- Texas
- Nebraska
- Michigan
- North Carolina
- Virginia
- References
To be eligible, illegal aliens 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, 2012, and not have been convicted of a felony, significant misdemeanor or three other misdemeanors, or otherwise pose a threat to national security. The program does not provide lawful status or a path to citizenship, nor does it provide eligibility for federal welfare or student aid.
The policy was created after acknowledgment that these illegal aliens 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. The illegal alien student population was rapidly increasing; approximately 65,000 illegal alien students graduate from U.S. high schools on a yearly basis.
From the start, the Pew Research Center estimated that up to 1.7 million people might be eligible. As of June 2016, U.S. Citizenship and Immigration Services (USCIS) 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.
In November 2014, U.S. President Barack Obama attempted to expand DACA. However, in December 2014, Texas and 25 other states, all with Republican governors, sued in the District Court for the Southern District of Texas asking the court to enjoin implementation of both the DACA expansion and Deferred Action for Parents of Americans (a similar program). In February 2015, Judge Andrew S. Hanen issued a preliminary injunction blocking the expansion from going into effect while the case, Texas v. United States, proceeds. After progressing through the court system, an equally divided (4-4) Supreme Court left the injunction in place, without setting any precedent.
On February 14, 2017 a CNN report on the detention of 23-year-old Daniel Ramirez Medina in Northwest Detention Center, Tacoma, Washington following his arrest in his father's Des Moines, Washington home, observed that "The case raises questions about what it could mean" for the 750,000 Dreamers, who had "received permission to stay under DACA."
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 illegal alien children tuition. Republican Party leaders denounced the program as an abuse of executive power. 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 illegal aliens.
USCIS began accepting applications for the program on 15 August 2012.
Republican response
Nearly all Republicans in the House of Representatives (along with three Democrats) voted 224-201 to defund DACA in June 2013. 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." 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.
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.
Under the presidency of Donald Trump, DACA has been under scrutiny, also in view of Trump's earlier announcement during his candidacy that he intended to end that program.
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.
To apply for DACA, illegal aliens must pay a $495 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%).
To qualify for DACA, applicants must meet the following major requirements, although meeting them does not guarantee approval:
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.
Travel eligibility
In addition to the $495 application fee, if a DACA qualifying illegal alien wants to travel abroad there is an additional fee and application requirement.
Form I-131 Application Type D, with a fee of $575 needs to be submitted to USCIS.
To receive advance parole one 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:
Travel for leisure is not a valid purpose.
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 $495 fee.
As of June 2016, there had been 606,264 renewal cases, with 526,288 approved, 4,703 denied and 75,205 renewals pending.
Expansion
In November 2014, U.S. President Barack Obama announced changes to DACA which would expand it to include illegal aliens 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.
However, in December 2014, Texas and 25 other states, all with Republican governors, sued in the District Court for the Southern District of Texas asking the court to enjoin implementation of both the DACA expansion and Deferred Action for Parents of Americans (a similar program). In February 2015, Judge Andrew S. Hanen issued a preliminary injunction blocking the expansion from going into effect while the case, Texas v. United States, proceeds. After progressing through the court system, an equally divided (4-4) Supreme Court left the injunction in place, without setting any precedent.
The court's temporary injunction 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.
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 illegal aliens 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.
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, the state of California has agreed to support those who receive a DACA grant by allowing access to a state driver's license, 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.
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. This caused controversy, as eligible and approved applicants would still be unable to obtain a driver's license. 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.
Maryland
Former Baltimore Mayor Stephanie Rawlings-Blake chose to open the city's doors to illegal aliens 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."
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 illegal aliens, he has also made plans for an ordinance that would prevent illegal aliens with no criminal background from being turned over to immigration enforcement agencies.
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.”
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.
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. 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. 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. The Secretary of State relied upon USCIS' own explanation, which discusses legal status, not lawful presence. 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. 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. On 1 February 2013, Johnson reversed her policy and began issuing drivers licenses to DACA beneficiaries on February 19, 2013.
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.
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.