DACA

DACA. It is a United States immigration policy established via a memorandum issued by then-Secretary of Homeland Security Janet Napolitano during the administration of President Barack Obama. The policy provides certain undocumented immigrants who entered the country as minors with temporary protection from deportation and eligibility for a work permit. While it does not provide a path to permanent residency or citizenship, it has significantly impacted the lives of hundreds of thousands of individuals, known as "Dreamers," and has remained a focal point of intense political and legal debate.

Background and legislative context

The policy emerged after repeated failures by the United States Congress to pass the DREAM Act, a legislative proposal first introduced in 2001 by Senators Orrin Hatch and Dick Durbin. This bill aimed to provide conditional permanent residency to undocumented youth who met specific criteria. Facing legislative gridlock, the Obama administration utilized executive authority to create a stopgap measure. This action followed earlier administrative efforts, such as the 2011 Morton Memo, which prioritized the removal of individuals with criminal records. The policy was also shaped by advocacy from groups like United We Dream and the National Immigration Law Center, and was announced in a speech by President Obama in the Rose Garden.

Provisions and eligibility requirements

To be eligible, individuals must have entered the United States before their 16th birthday and have been under the age of 31 as of June 15, 2012. They must have continuously resided in the country since June 15, 2007, and been physically present on the date of the memorandum's announcement and at the time of application. Applicants must be enrolled in school, have graduated from high school, obtained a GED certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces. Critically, they must not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and must not pose a threat to national security or public safety. Successful applicants receive deferred action for a two-year period, subject to renewal, and become eligible for Social Security Numbers and Employment Authorization Documents.

Implementation and impact

The United States Citizenship and Immigration Services began accepting applications on August 15, 2012. Over 800,000 individuals, often called "Dreamers," have been approved. Studies, including those from the Center for American Progress and the Cato Institute, have shown the policy increased recipients' educational attainment, earnings, and economic mobility, with many joining fields like healthcare and education. Research from the National Bureau of Economic Research also indicated positive effects on mental health. The policy enabled recipients to obtain driver's licenses in many states, such as California and New York, and increased their access to in-state tuition at public universities. However, it explicitly excluded eligibility for federal financial aid programs like Pell Grants and certain benefits under the Affordable Care Act.

Legal challenges and court rulings

The policy faced immediate legal challenges. In 2014, a lawsuit led by Texas Attorney General Ken Paxton resulted in a nationwide injunction from Judge Andrew Hanen of the United States District Court for the Southern District of Texas, blocking an expanded version of the program. In 2017, the administration of President Donald Trump, through then-Attorney General Jeff Sessions, announced the policy's rescission, triggering multiple lawsuits. The Supreme Court of the United States ruled in *Department of Homeland Security v. Regents of the University of California* (2020) that the rescission was procedurally improper. Subsequent rulings from judges like Nicholas Garaufis of the United States District Court for the Eastern District of New York and Andrew Hanen have created a complex legal patchwork, currently leaving the program in place for existing recipients but barring new applications.

Political debate and public opinion

The policy has been a deeply divisive issue in American politics. Supporters, including the Democratic Party, many businesses, and organizations like the U.S. Chamber of Commerce, argue it is a humane and economically beneficial measure for individuals integrated into American society. Opponents, including many in the Republican Party and groups like the Federation for American Immigration Reform, contend it represents an executive overreach and undermines the rule of law. Legislative efforts to provide a permanent solution, such as proposals by Senators Lindsey Graham and Dick Durbin, have repeatedly stalled in the United States Senate. Public opinion polls, including those by Pew Research Center, have consistently shown majority support for providing permanent status for Dreamers.

Category:United States immigration law Category:2012 in American law Category:Barack Obama