To fully comprehend the purpose and establishment of the Deferred Action for Childhood Arrivals (DACA) program further explanation of the Development, Relief and, Education for Alien Minors Act (DREAMers Act) must be acknowledged.
Since the U.S. Supreme Court case Plyer v. Doe in 1982, support for undocumented children arose. This particular case prohibits states from denying undocumented children a K-12 education.
On August 1, 2001, democrats introduced the DREAMers Act and has not passed since its introduction. This piece of legislation was aimed towards assisting children who were brought to the United States at a young age and to implement them into the United States economic system.
What is DACA?
DACA, however, works as administrative relief from deportation and implementation to the economic system. On June 5, 2012, President Obama announced that the Department of Homeland Security (DHS) will allow undocumented immigrants who came to the United States as children who qualify guidelines may request consideration of deferred action for a period of two years (is renewable) and who would then qualify for work authorization.
Opponents, consisting of Republican leaders, of the policy argued that DACA was unconstitutional and denounced the policy as an executive overreach. In the election of 2016, Republican state officials have threatened to challenge DACA in court unless the Trump administration rescinded it.
What is DACA meant to accomplish?
The purpose of DACA is to protect qualified immigrants who came to the United States when they were children from deportation. DACA gives young undocumented immigrants protection from deportation and a work permit to label them as taxpaying individuals who reside in the United States for education and/or work.
Who are DREAMers?
The DREAMers Act and DACA are their own separate initiatives but both phrases are usually interchangeable as they both seek the same goal to assist immigrant children thus applicants of the DACA programs are referred to as “DREAMers”.
Qualifications for Applicants:
To give perspective, these are some of the requirements that are met for all applicants of DACA.
- You were under 31 years old as of June 15, 2012;
- You first came to the United States before your 16th birthday;
- You have lived continuously in the United States from June 15, 2007 until the present;
- You were physically present in the United States on June 15, 2012 and at the time you apply;
- You came to the United States without documents before June 15, 2012, or your lawful status expired as of June 15, 2012;
- You are currently studying, or you graduated from high school or earned a certificate of completion of high school or GED, or have been honorably discharged from the Coast Guard or military (technical and trade school completion also qualifies); and
- You have NOT been convicted of a felony, certain significant misdemeanors (including a single DUI), or three or more misdemeanors of any kind.
In addition to this, illegal immigrants must pay an application fee of about $500, submit several forms, and produce documents showing they meet the requirements and all is done without legal representation.
Impact of DACA
As of early March 2017, approximately 770,000 people have been approved for the program since its introduction and nearly 800,000 renewals have been approved over its lifespan.
This program gave applicants the opportunity to enter into work, receive a state licenses in certain states, and are able to According to a National Poll done in early 2017 by Tom K. Wong, associate professor of political science at the University of California, San Diego; the average age of immigrant youth brought into the US is 6 years of age. Along with this the Average DACA applicant age is 25 years of age and to put into perspective 28.3% of DACA Applicants reside in California and about 79.7% of all applicants received a driver license for the first time as supported by the Supreme Court case in One Michigan V. Ruth Johnson.
Moreover, 65.3% of all applicants pursued educational opportunities, while 33.3% weren’t at the moment but have planned to pursue higher education eventually. Given the legislative act and persistence to give to our communities, average statistical data reflects that DACA applicants are considered a beneficial implementation to our country.
DHS stopped accepting initial DACA application immediately after General Jeff Session announced the rescission, but will still process pending applications. The department will also individually consider renewal requests from current beneficiaries whose participation will expire by March 5, 2018, if the request is submitted by Oct. 5 of this year. All other applications will be rejected, according to Acting DHS Secretary Elaine Duke.
If you, or whomever else, is affected by the rescission of DACA, please follow along at https://www.ilrc.org for more information.
Written By Justin Olvera