Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals is a United States immigration policy established via a memorandum from the Secretary of Homeland Security under the Barack Obama administration. It provides certain undocumented immigrants who entered the United States as minors with a renewable period of deferred action from deportation and eligibility for a work permit. The policy was announced by President Barack Obama on June 15, 2012, and implemented by the U.S. Department of Homeland Security (DHS). It does not provide a path to permanent residency or citizenship.

Background and creation

The policy emerged after prolonged legislative failure, most notably the repeated stalling of the DREAM Act in the United States Congress. Advocacy by groups like United We Dream and the National Immigration Law Center built significant pressure for executive action. The Barack Obama administration faced criticism from immigration advocates for high deportation numbers, exemplified by operations conducted by Immigration and Customs Enforcement (ICE). Following a shift in Department of Justice enforcement priorities and a pivotal speech by Barack Obama in Rose Garden, the Secretary of Homeland Security, Janet Napolitano, issued the formal memorandum. This action was framed as an exercise of prosecutorial discretion by the executive branch.

Eligibility and requirements

Initial eligibility required applicants to have arrived in the United States before their 16th birthday and to be under the age of 31 as of June 15, 2012. Applicants must have continuously resided in the United States since June 15, 2007, and been physically present on June 15, 2012, and at the time of application. They must be enrolled in school, have graduated from high school, obtained a GED certificate, or been honorably discharged from the Coast Guard or Armed Forces. Critically, applicants must not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and must not pose a threat to national security or public safety, as determined by U.S. Citizenship and Immigration Services (USCIS).

Implementation and impact

The USCIS began accepting applications on August 15, 2012. Successful applicants receive deferred action for a two-year period, which is renewable, and become eligible for a Social Security number and an Employment Authorization Document. According to data from the Migration Policy Institute, over 800,000 individuals, often called "Dreamers", have been approved. Studies from institutions like the Center for American Progress have documented significant economic and educational impacts, with recipients contributing to sectors like technology, healthcare, and education. The policy enabled many to pursue higher education at institutions like the University of California and obtain professional licenses.

Legal challenges and status

The policy faced immediate legal challenges. In 2014, the state of Texas, led by Attorney General Greg Abbott, filed a lawsuit, United States v. Texas, which resulted in a nationwide injunction from the Fifth Circuit Court of Appeals. The U.S. Supreme Court deadlocked 4-4 in 2016, leaving the injunction in place. In 2017, the Donald Trump administration, through then-Attorney General Jeff Sessions, announced the policy's rescission. This action was challenged in cases including Department of Homeland Security v. Regents of the University of California, where the Supreme Court ruled the rescission was procedurally improper. Subsequent rulings by federal judges like Andrew Hanen of the Southern District of Texas have declared the policy unlawful but maintained a partial stay for current recipients.

Public opinion and political debate

Public opinion polls, such as those conducted by the Pew Research Center, consistently show broad public support for providing legal status to Dreamers. The issue remains a central flashpoint in American political debates and budget negotiations. Advocacy organizations like FWD.us and the American Civil Liberties Union (ACLU) actively campaign for a permanent legislative solution, while opponents, including the Federation for American Immigration Reform, argue the policy constitutes executive overreach. Legislative efforts, such as those proposed by Senator Dick Durbin and Senator Lindsey Graham, have repeatedly failed to pass the Senate, keeping the policy's long-term fate uncertain.

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