Daca's Journey: From Policy To Law

Deferred Action for Childhood Arrivals (DACA) is a United States immigration policy that allows certain individuals who entered the country as children and were physically present in the United States on June 15, 2012, without lawful immigration status, to receive a renewable two-year period of deferred action from deportation and to be eligible for work permits. DACA was established by the Obama Administration in June 2012 and has been the subject of ongoing legal challenges and legislative attempts to dismantle or fortify it. The policy does not provide a path to citizenship but has provided temporary relief from deportation and improved socioeconomic outcomes for hundreds of thousands of eligible individuals.

The creation of DACA

The Deferred Action for Childhood Arrivals (DACA) policy was created in 2012 by then-Secretary of Homeland Security Janet Napolitano. It was announced by President Barack Obama on June 15, 2012, and the U.S. Citizenship and Immigration Services (USCIS) began accepting applications in August 2012.

DACA is an immigration policy that allows certain individuals who entered the U.S. as children, without lawful immigration status, to receive a renewable two-year period of deferred action from deportation and to be eligible for work authorization. To be eligible, applicants must have entered the U.S. before turning 16, be under the age of 31 as of June 15, 2012, and meet other requirements related to continuous residence, physical presence, and lack of lawful immigration status.

DACA does not provide a path to citizenship or permanent legal status and must be renewed every two years. The policy has faced legal challenges and political debates since its creation, with some arguing that it exceeds presidential authority and others advocating for its preservation as it provides relief and stability to hundreds of thousands of undocumented youth.

The impact of DACA

The Deferred Action for Childhood Arrivals (DACA) program has had a significant impact on the lives of its beneficiaries, offering them protection from deportation and work authorization. DACA was established by the Obama Administration in 2012 and has since provided opportunities for social mobility, improved wellbeing, and increased professional opportunities for its recipients.

DACA beneficiaries have experienced improved socioeconomic status, with access to better-paying jobs, improved working conditions, and the ability to pursue educational opportunities. The program has also positively impacted the US economy, as DACA recipients have increased purchasing power and contribute to federal, state, and local tax revenues. According to the Center for American Progress, DACA recipients have deep social and economic roots in the United States, with many becoming homeowners, starting businesses, and pursuing higher education.

In addition to economic benefits, DACA has also been associated with improved mental health and wellbeing for its recipients. Studies have shown a decrease in stress, anxiety, and fear of deportation among DACA beneficiaries, leading to a better quality of life. This sense of security and belonging has enabled them to settle into new neighbourhoods, improve their living arrangements, and support their families.

However, the future of the DACA program remains uncertain, with legal challenges and attempts to terminate the program creating a precarious situation for its beneficiaries. Despite its success and positive impact, the program faces ongoing threats of repeal, highlighting the need for a permanent legislative solution to protect the rights and well-being of DACA recipients.

The legality of DACA

DACA was established by the Obama administration in June 2012 through an agency memorandum issued by then-Secretary of Homeland Security, Janet Napolitano. The policy was created in recognition of the fact that "Dreamer" young people, who were brought to the United States as children, had been largely raised in the country and posed no significant threat. DACA was seen as a way to remove immigration enforcement attention from these low-priority individuals.

However, the legality of DACA has been questioned on the basis of executive overreach. Critics argue that DACA exceeds the president's constitutional authority and usurps the role of Congress in creating immigration laws. Republican leaders, in particular, have denounced the program as an abuse of executive power.

The first major legal challenge to DACA came in 2014 when Texas and 25 other states sued to block the implementation of DACA expansions announced by the Obama administration. The case, known as Texas v. United States, resulted in a preliminary injunction that prevented the expansions from taking effect. The case eventually reached the Supreme Court, which issued a tied decision, effectively upholding the injunction without setting a precedent.

Since then, there have been multiple legal challenges and court rulings that have impacted the program. In 2017, the Trump administration attempted to rescind DACA, but this decision was challenged in court and ultimately overturned by the Supreme Court in 2020. The Court ruled that the administration's attempt to terminate the program was unlawful, but it did not rule on the legality of DACA itself.

More recently, in July 2021, a federal judge in Texas ruled that DACA was unlawful and blocked new applicants. This ruling allowed existing beneficiaries to maintain their status but prevented new applications. The Biden administration appealed this decision, and the case is currently ongoing.

The legal battles over DACA highlight the complex and contentious nature of immigration policy in the United States. While DACA has provided relief and opportunities for hundreds of thousands of young immigrants, its legal status remains uncertain, and the program continues to be the subject of political and legal disputes.

The history of DACA

Deferred Action for Childhood Arrivals (DACA) is a United States immigration policy that allows certain individuals who entered the country as children, without lawful immigration status, to receive a renewable two-year period of deferred action from deportation and to be eligible for work. The policy was created in recognition that "Dreamer" young people had been largely raised in the United States, and this was seen as a way to remove immigration enforcement attention from "low priority" individuals with good behaviour.

DACA was established by the Obama Administration in June 2012, with the policy announced by President Barack Obama on June 15, 2012. The policy was officially established by a memorandum from the Secretary of Homeland Security titled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children". This allowed certain immigrants to escape deportation and obtain work permits for a period of two years, renewable upon good behaviour.

To be eligible for the program, recipients could not have felonies or serious misdemeanours on their records. They must also have been under the age of 31 on June 15, 2012, entered the US before their 16th birthday, and lived in the country since 2007.

DACA does not provide a path to citizenship for recipients. It is also not a pathway to permanent residency or legal status. However, it has been shown to increase the wages and employment status of eligible immigrants, improve their mental health outcomes, and reduce the number of undocumented immigrant households living in poverty.

The policy has faced legal challenges since its inception, with Republican Party leaders denouncing it as an abuse of executive power. In 2017, the Trump Administration attempted to phase out the program, triggering multiple lawsuits. The Supreme Court ruled in 2020 that the reasoning given for the rescission was arbitrary and capricious, but did not rule on the merits of DACA itself.

In 2021, President Joe Biden issued an executive order reinstating DACA. However, this was again challenged in court, with a federal judge ruling in 2021 that the program was "created in violation of the law" and "illegally implemented". The case is currently going through the appeals process.

The future of DACA

The future of the Deferred Action for Childhood Arrivals (DACA) policy is uncertain. The policy was established in 2012 by the Obama administration, and it has been subject to numerous legal challenges and changes since then.

In 2017, the Trump administration attempted to end DACA, but this was blocked by federal courts. In 2020, the Supreme Court ruled that the Trump administration's attempt to terminate the program was unlawful, and DACA was technically restored to its pre-rescission state. However, in 2021, a federal judge in Texas ruled that DACA was unlawful and blocked new applicants, although allowing existing recipients to retain their status while the case went through the appeals process.

The Biden administration has since attempted to reinstate DACA, but these efforts have also faced legal challenges. In 2022, the Department of Homeland Security published a Final Rule to preserve and fortify the DACA policy, but this was also declared unlawful by the same federal judge in Texas in 2023. The Biden administration has appealed this decision, and the case is currently pending before the U.S. Court of Appeals for the Fifth Circuit.

The ongoing legal battle over DACA has prolonged an already years-long fight over its existence, and the program's future remains uncertain. Current DACA recipients are still eligible to reapply for legal protections, but there is no permanent solution in place. President Joe Biden and advocates have called on Congress to pass permanent protections for Dreamers, but proposals have failed multiple times. The uncertainty surrounding DACA takes a heavy toll on current recipients, causing chronic uncertainty and destabilizing entire families and communities.

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