The fate of the Deferred Action on Childhood Arrivals (DACA) program
established in 2012 by President Obama remains uncertain amid sometimes
conflicting reports of where the Trump administration stands on its
future.
Under DACA, undocumented young people in the United States who meet
certain criteria are protected from deportation and allowed to work
legally on renewable two-year permits. These criteria include having
arrived in the country before the age of 16; being in school or
possessing a high school diploma; and having lived in the United States
for at least five years. The Obama administration created DACA in the
face of congressional inaction on comprehensive immigration reform.
The program was a flashpoint during the 2016 election, as
then-candidate Donald Trump promised to revoke both DACA and Deferred
Action for Parents of Americans and Lawful Permanent Residents (DAPA)
program, a 2014 policy that sought to shield undocumented immigrant
parents from deportation. President Trump rolled back DAPA
in June, but DACA remains in limbo until the administration announces
whether it will take action to either end the program or continue to
offer its protections to young immigrants.
In the past several weeks, state attorneys general from both sides of
the aisle have pushed for the White House to take action. A group of
Republican state attorneys general in late June threatened to challenge
the administration in court if it does not phase out the program by
Sept. 5. In a letter published by The Wall Street Journal,
ACE Senior Vice President Terry Hartle called on these attorneys
general to stop immediately while the Trump administration and Congress
work on a solution.
However, former Secretary of Homeland Security John Kelly—the president’s new chief of staff—reportedly
told the Hispanic Caucus in July that although he personally supports
DACA, he could not guarantee that the administration would defend it in
any court case that might arise.
In response to the GOP attorneys general, 20 Democratic state attorneys general sent a letter
to the president explaining how the program has benefited their states
and the nation as a whole and to ask the president to fulfill his public
commitment to Dreamers.
Trump has signaled in the past that DACA is an issue where he struggles to reach a conclusion. He said in an April 21 interview with
The Associated Press that “Dreamers” will not be targets for
deportation under his immigration policies. At that time, Kelly told CNN that
his department has “many, many more important criminals to go after and
get rid of.” In June, as part of the administration’s memorandum ending DAPA, it made it clear that the DACA program “will remain in effect.”
For those of you who wish to contact your congressional
representatives to discuss the importance of DACA, ACE has prepared a
brief set of talking points (83 KB PDF) for guidance.
Legislative Action on Young Immigrants
As the higher education community watches the administration for
action on DACA, some in Congress are attempting to revive the issue
legislatively, with a new version of the Dream Act.
Sens. Lindsey Graham (R-SC) and Dick Durbin (D-IL) on July 20 introduced the Dream Act of 2017,
which would establish eight-year conditional permanent residency status
for those brought to this country as minors and who graduate from high
school or obtain a GED and pursue higher education, work lawfully for at
least three years, or serve in the military, among other requirements.
(See ACE’s letter of support for the bill here.)
The DREAM (Development, Relief, and Education for Alien Minors) Act
was first introduced in the Senate in 2001 by Durbin and Orrin Hatch
(R-UT) and has since been reintroduced numerous times but never signed
into law.