Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals
Name	Deferred Action for Childhood Arrivals
Type	Executive immigration policy
Date created	June 15, 2012
Date commenced	August 15, 2012
Jurisdiction	United States
Status	Active under court orders
Administrator	U.S. Citizenship and Immigration Services

Deferred Action for Childhood Arrivals. It is a United States immigration policy established by the Obama administration through executive action. The program provides temporary relief from deportation and work authorization to certain eligible undocumented immigrants who arrived in the country as minors. Administered by U.S. Citizenship and Immigration Services, a component of the Department of Homeland Security, it does not provide a path to permanent residency or citizenship.

Introduction

The policy was announced on June 15, 2012, by then-Secretary of Homeland Security Janet Napolitano and formally unveiled by President Barack Obama in the Rose Garden. It was created as a stopgap measure following the repeated failure of the DREAM Act in the United States Congress. The initiative drew immediate support from immigrant advocacy groups like United We Dream and was framed as an exercise of prosecutorial discretion by the executive branch. Critics, including many members of the Republican Party, argued it constituted an overreach of presidential authority.

History

The policy's origins are tied to the broader legislative struggle over immigration reform during the late 2000s and early 2010s. After the DREAM Act failed in the United States Senate in 2010, pressure mounted on the White House to act. The administration of George W. Bush had previously focused enforcement on criminals through programs like Secure Communities. The announcement in 2012 was influenced by advocacy from figures like Luis Gutiérrez and the Congressional Hispanic Caucus. Subsequent attempts to codify the policy into law, such as the American Dream and Promise Act, have passed the United States House of Representatives but stalled in the Senate.

Eligibility

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 policy's announcement. 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 of the United States. They must also 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.

Application_process

Applicants file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, with U.S. Citizenship and Immigration Services along with a substantial fee. They must also submit Form I-765 for an Employment Authorization Document and undergo biometric screening. Extensive documentary evidence, such as school records, IRS tax transcripts, and utility bills, is required to prove continuous residence. The initial grant provides protection from removal and work permission for two years, which is subject to renewal. The process does not involve State Department or Justice Department agencies directly.

Impact_and_controversy

Studies by organizations like the Center for American Progress and the Cato Institute have estimated that hundreds of thousands of individuals, often called "Dreamers," have received benefits, contributing significantly to the U.S. economy and workforce. Major corporations, including Apple, Google, and Microsoft, have publicly defended the policy. Opposition has been led by figures such as Jeff Sessions and organizations like the Federation for American Immigration Reform, arguing it encourages illegal immigration and violates the Administrative Procedure Act. The policy became a central issue in the 2016 presidential election.

Legal_challenges

In September 2017, the Trump administration, through Attorney General Jeff Sessions, announced the policy's rescission, leading to immediate lawsuits. Multiple federal district courts, including the Northern District of California and the District of Columbia, issued nationwide injunctions blocking termination. The Supreme Court of the United States, in the case Department of Homeland Security v. Regents of the University of California (2020), ruled the rescission was procedurally improper. Subsequent rulings by judges like Andrew Hanen of the Southern District of Texas have declared the policy unlawful but maintained a partial stay, leaving its long-term status in doubt pending action by Congress or a new executive branch rulemaking.

Category:United States immigration law Category:Obama administration