Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals (DACA) is an American immigration policy which allows certain undocumented immigrants who entered the country before their 16th birthday and before June 2007 to receive a renewable two-year work permit and exemption from deportation. It does not confer legal immigration status or provide a path to citizenship. It was started by the Obama administration in June 2012.

At the program's start, the Pew Research Center estimated that up to 1.7 million people might be eligible.[1] As of June 2014, U.S. Citizenship and Immigration Services (USCIS) has granted DACA status to about 581,000 individuals and denied to about 24,000.[2]

In November 2014, U.S. President Barack Obama announced changes to DACA which would expand it to include illegal immigrants who entered the country before 2010, eliminate the requirement that applicants be younger than 31 years old, and lengthen the renewable deferral period to three years. The Pew Research Center estimated that this would increase the number of eligible people by about 330,000.[3]

Eligibility

To qualify for DACA, applicants must meet the following major requirements, although meeting them does not guarantee approval.[4]

In August 2012, the Migration Policy Institute estimated that as many as 1.76 million people could be eligible for DACA. Of those, 28% were under 15 and would have to wait until reaching that age to apply. In addition, roughly 20% did not meet any of the education criteria, but could become eligible by enrolling in a program before submitting their application. 74% of the eligible population was born in Mexico or Central America. Smaller proportions came from Caribbean and South America (11%), Asia (9%), and the rest of the world (6%).[5]

Implementation

DACA was formally initiated by a policy memorandum sent from Secretary of Homeland Security Janet Napolitano to the heads of U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE). The memo formally directed them to exercise their enforcement discretion on behalf of individuals who met the requirements.[6]

To apply for DACA, individuals must pay a $465 application fee, submit a number of forms, and produce documents showing they meet the requirements. They do not need legal representation.

USCIS released the process for DACA renewals in June 2014 and directed applicants to file their documents during a 30-day window starting 150 days before the expiration of their previous DACA status. Renewing requires an additional $465 fee.[7]

History

President Barack Obama announced the policy with a speech in the Rose Garden of the White House on 15 June 2012, a date chosen as the 30th anniversary of Plyler v. Doe, a Supreme Court decision barring public schools from charging undocumented immigrant children tuition. Republican Party leaders denounced the program as an abuse of executive power.[8] The initiative was in part a reaction to the failure of the DREAM Act, a bill that would have granted conditional permanent residency to a similar but more restricted group of illegal immigrants.

USCIS began accepting application for the program on 15 August 2012.[1]

Republican response

Nearly all Republicans in the House of Representatives (along with three Democrats) voted 224-201 to defund DACA in June 2013.[9] Lead author of the amendment Rep. Steve King (R-Iowa) explained, "The point here is...the President does not have the authority to waive immigration law, nor does he have the authority to create it out of thin air, and he's done both with these Morton memos in this respect."[10] However, in practice Congress does not have the ability to defund DACA since the program is almost entirely funded by its own application fees rather than congressional appropriations.[11]

Although politicians are divided on illegal immigration issues related to DACA, presidential candidate Mitt Romney stated that he would honor the grants of deferred action approved under DACA until a more permanent legislation was put into place.[12]

State responses

State-level government officials are also divided on the issue. Although state governments cannot affect DACA itself, they can control the state benefits available to individuals under deferred action.

California

To assist those eligible under the program,[13] the state of California has agreed to support those who receive a DACA grant by allowing access to a state driver's license,[14] provided that such individuals participate in specific state guidelines (such as paying income taxes).

Arizona

Arizona became the first state to oppose President Obama's order for DACA when Governor Jan Brewer issued a counter-order that prevents those with deferred status from receiving any state benefits.[15] This has caused some controversy,[16] as eligible and approved applicants would still be unable to obtain a driver's license.[17] The 9th Circuit held this ban was in violation of the law.[18]

Maryland

Baltimore's Mayor Stephanie Rawlings-Blake has chosen to open the city's doors to undocumented immigrants to boost its dwindling population. The city boasts an executive order prohibiting officials from questioning an individual's immigration status, especially with regard to Maryland's Dream Act, which grants in-state tuition rates to "any student who graduates from a Maryland high school and comes from a family who has paid taxes."[19]

Illinois

In a New York Times interview, Mayor Rahm Emanuel of Chicago stated that he wants to make Chicago the “most immigrant-friendly city in the country;” in addition to offering in-state tuition for undocumented immigrants, he has also made plans for an ordinance that would prevent undocumented immigrants with no criminal background from being turned over to immigration enforcement agencies.[20]

Texas

Although in-state tuition is still offered, Governor Rick Perry announced his opposition to DACA by distributing a letter to all state agencies, meant "to ensure that all Texas agencies understand that Secretary Napolitano's guidelines confer absolutely no legal status whatsoever to any illegal alien who qualifies for the federal 'deferred action' designation.”[21]

Nebraska

Governor Dave Heineman also joined in the opposition against DACA, confirming that the state, "...will continue its practice of not issuing driver's licenses, welfare benefits, or other public benefits to illegal immigrants" regardless of deferred status.[22]

Michigan

In October 2012, the Michigan Secretary of State, Ruth Johnson, announced that Michigan will not issue drivers licenses or state identification of any kind to beneficiaries of Deferred Action for Childhood Arrivals.[23] In making this decision, it was clear that the Secretary of State erroneously conflated the notion of "lawful presence," which is required under Michigan Law to issue a drivers license, and "lawful status," a different legal concept entirely.[24] USCIS has made it clear that DACA beneficiaries do not possess legal status, but does not state that DACA beneficiaries are unlawfully present, and in fact, states that DACA beneficiaries will not accrue unlawful presence time here while they are in this deferred action status.[25] The Secretary of State relied upon USCIS' own explanation, which discusses legal status, not lawful presence.[25] In response to this policy, the ACLU filed a lawsuit against Secretary Johnson alleging that he policy violated both Michigan Law and the U.S. Constitution.[26] On January 18, 2013, USCIS updated their Frequently Asked Questions about DACA clairifying, among other things, that DACA beneficiaries are, in fact, lawfully present in the United States.[27] On 1 February 2013, Johnson reversed her policy and began issuing drivers licenses to DACA beneficiaries on February 19, 2013.[28]

North Carolina

North Carolina briefly suspended giving out drivers licenses to DACA grantees while waiting for the state attorney general’s opinion. The attorney general decided that even without formal immigration status the DACA grantees were to be granted legal presence. After that, the state once again continued to give out drivers licenses and allowed the DACA grantees to become legal members of North Carolina.[29]

Virginia

On April 29, 2013, the Virginia attorney general, Mark Herring, sent a letter[30] to the State Council of Higher Education for Virginia (SCHEV), the presidents of Virginia public colleges and universities and the chancellor of the Virginia Community College System. The attorney general advises these institutions that under Virginia law, DACA students are eligible for in-state tuition provided the meet Virginia's domicile requirements.[31]

See also

References

  1. ↑ 1.0 1.1 Jeffrey S. Passel and Mark Hugo Lopez (14 August 2012). "Up to 1.7 million unauthorized immigrant youth may benefit from new deportation rules". Pew Research Center. Retrieved 21 November 2014.
  2. ↑ "Data Set: Deferred Action for Childhood Arrivals". U.S. Citizenship and Immigration Services. 19 August 2014. Retrieved 24 November 2014.
  3. ↑ Jens Manuel Krogstad and Jeffrey S. Passel (20 November 2014). "Those from Mexico will benefit most from Obama’s executive action". Pew Research Center. Retrieved 21 November 2014.
  4. ↑ "Consideration of Deferred Action for Childhood Arrivals (DACA)". U.S. Citizenship and Immigration Services. Retrieved 8 June 2014.
  5. ↑ Jeanne Batalova and Michelle Mittelstadt (August 2012). "Relief from Deportation: Demographic Profile of the DREAMers Potentially Eligible under the Deferred Action Policy". Migration Policy Institute. Retrieved 21 November 2014.
  6. ↑ Napolitano, Janet (15 June 2012). "Exercising prosecutorial discretion with respect to individuals who came to the United States as children". United States Department of Homeland Security. Retrieved 21 November 2014.
  7. ↑ Nicole Prchal Svajlenka and Audrey Singer (8 July 2014). "DACA renewals ramp up". Brookings Institution. Retrieved 21 November 2014.
  8. ↑ Preston, Julia; Cushman, Jr., John H. (15 June 2012). "Obama to permit young migrants to remain in U.S.". The New York Times. Retrieved 21 November 2014.
  9. ↑ Ted Hesson, "House Republicans Vote to Defund Immigrant Program", Fusion/ABC, June 6, 2013. http://fusion.net/justice/story/immigration-reform-hopeful-cringe-house-gop-votes-defund-15334
  10. ↑ Pete Kasperowicz, "House votes to defund Obama's 'administrative amnesty' for immigrants," The Hill, June , 2013. http://thehill.com/blogs/floor-action/house/303869-house-votes-to-defund-obamas-administrative-amnesty-for-immigrants
  11. ↑ Lind, Dara (31 July 2014). "How Ted Cruz helped kill the GOP’s border bill". Vox. Retrieved 24 November 2014.
  12. ↑ Sherry, Allison (1 October 2012). "Mitt Romney would honor Obama administration's illegal immigrant work permits http://www.denverpost.com/nationalpolitics/ci_21676605/romney-wont-deport-young-illegals-who-have-temporary#ixzz297xve9kh Read The Denver Post's Terms of Use of its content: http://www.denverpost.com/termsofuse". The Denver Post. Retrieved 12 October 2012.
  13. ↑ "California lawmakers seek relief for illegal immigrants to work in state". Los Angeles Times. 23 August 2012. Retrieved 12 October 2012.
  14. ↑ "California will give driver's licenses to illegal immigrants". Los Angeles Times. 1 October 2012. Retrieved 12 October 2012.
  15. ↑ Schwartz, David (15 August 2012). "Jan Brewer Signs Executive Order Denying State Benefits To Children Of Undocumented Immigrants". Huffington Post. Retrieved 12 October 2012.
  16. ↑ Shoichet, Catherine E. "Driver's license rules fuel new immigration debate". CNN. Retrieved 12 October 2012.
  17. ↑ Eng, James. "Arizona Gov. Jan Brewer's ban on driver's licenses for illegal immigrants likely to wind up in court". NBC News. Retrieved 12 October 2012.
  18. ↑ http://www.acluaz.org/issues/press-releases/2014-11/4968. Missing or empty |title= (help)
  19. ↑ Lopez, Tracy (23 August 2012). "Baltimore Welcomes Immigrants – No Questions Asked". Fox News Latino. Retrieved 12 October 2012.
  20. ↑ Preston, Julia (10 July 2012). "Obama Policy on Immigrants Is Challenged by Chicago". New York Times. Retrieved 12 October 2012.
  21. ↑ Aguilar, Julian (20 August 2012). "Perry: "Deferred Action" Doesn't Change State Policies". Texas Tribune. Retrieved 12 October 2012.
  22. ↑ "Nebraska Follows Arizona: No Benefits for 'Deferred' Immigrants Read more on Newsmax.com: Nebraska Follows Arizona: No Benefits for 'Deferred' Immigrants Important: Do You Support Pres. Obama's Re-Election? Vote Here Now!". Newsmax. Retrieved 13 October 2012.
  23. ↑ http://michigan.gov/documents/sos/Applying_for_lic_or_ID_SOS_428_222146_7.pdf
  24. ↑ "Issue-Brief-SOS-DACA-licenses.pdf - Google Drive". Docs.google.com. Retrieved 2013-09-30.
  25. ↑ 25.0 25.1 "USCIS - Consideration of Deferred Action for Childhood Arrivals Process". Uscis.gov. Retrieved 2013-09-30.
  26. ↑ "One Michigan v. Ruth Johnson | American Civil Liberties Union". Aclu.org. 2013-02-01. Retrieved 2013-09-30.
  27. ↑ "USCIS - Frequently Asked Questions". Uscis.gov. Retrieved 2013-09-30.
  28. ↑ Jonathan Oosting. "Michigan Secretary of State to issue driver's licenses to immigrants approved for federal deportation deferral program". MLive.com. Retrieved 2013-09-30.
  29. ↑ "Are Individuals Granted Deferred Action under the Deferred Action for Childhood Arrivals (DACA) Policy Eligible for State Driver’s Licenses?". Immigration Law Center. Retrieved April 1, 2014.
  30. ↑ http://www.ag.virginia.gov/Media%20and%20News%20Releases/News_Releases/Herring/DACA_AG_Advice_Letter.pdf
  31. ↑ http://www.washingtonpost.com/local/virginia-politics/virginia-attorney-general-declares-dreamers-eligible-for-in-state-tuition/2014/04/29/ed594aea-cfb0-11e3-b812-0c92213941f4_story.html

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