Deferred Action for Childhood Arrivals (DACA) Program May Be Ended in the Trump Administration
President-Elect Donald J. Trump has said once he is in office he will end the DACA program, which allows undocumented immigrant youth temporary relief from deportation and the ability to work legally in the United States. DACA was implemented as an executive order in the the Obama administration in 2012. Over 740,000 unauthorized young people have received DACA since that time. According to the National UnDACAmented Research Project’s 2016 report, which was based on a national survey of nearly 2,700 DACA-eligible beneficiairies, many DACA recipients had obtained new jobs and internships, increased their earnings, and continued their education or accessed short-term certificate and job training programs.
Senators Lindsey Graham (R-SC) and Richard Durbin (D-IL) have introduced legislation to temporarily protect young undocumented immigrant youth if DACA ends. Known as the BRIDGE Act (Bar Removal of Individuals who Dream and Grow our Economy), the legislation would provide temporary relief from deportation as well as work authorization to young undocumented individuals who have received or are eligible for DACA. While the BRIDGE Act’s protections would be only temporary, it would allow DACA recipients to continue to work and study in the U.S. while Congress debates more comprehensive immigration reform.
Deadlocked Supreme Court Decision in United States vs. Texas Leaves in Place a Lower Court Ruling That Blocks DAPA/Expanded DACA
The Supreme Court’s June 23, 2016 4-4 split decision in United States v. Texas was a huge disappointment. It leaves in place a lower court ruling that blocks President Obama’s expanded deferred action plan to shield millions of immigrants from deportation and to allow them to work. And it’s a severe blow to the many families that could be contributing members of our communities but instead face the continued threat of being torn apart by deportation.
The two Obama administration initiatives announced in 2014–Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and the expansion of Deferred Action for Childhood Arrivals (DACA)—would have impacted nearly 5 million undocumented immigrants, by allowing certain immigrant parents of U.S. citizens and lawful permanent residents, as well as other immigrants who came to the U.S. as children, to apply for temporary work authorization and protection from deportation.
While the Supreme Courts’ inaction represents a major setback, it calls attention to the urgent need for comprehensive immigration reform from Congress. This current legal impasse also reminds us that, as educators, we must continue to do whatever we can to provide all possible resources through existing channels. The original 2012 Deferred Action for Childhood Arrivals (DACA) program, while not a permanent solution to our nation’s immigration problems, remains in force. DACA has offered hundreds of thousands of undocumented youth temporary protection from deportation and authorization to work, providing they meet several criteria. See resources and information on DACA below.
President Obama’s Directive on Deferred Action for Childhood Arrivals to the Department of Homeland Security Allows Certain Unauthorized Immigrant Youth Temporary Relief from Deportation
Under the Obama Administration’s Deferred Action for Childhood Arrivals (DACA) program, the Department of Homeland Security allows certain immigrant youth who came to the U.S. as children and meet age, educational, residency, and other requirements to apply for deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer deportation against an individual for a certain period of time. Deferred action does not provide lawful status. DACA does not apply to dependents (parents, siblings). They would have to qualify on their own as individuals.
More than 680,000 young people have received DACA. Researchers estimate that nearly 1.5 million undocumented youth in the U.S. are currently eligible for DACA, and another 400,000 children will become eligible in coming years.
Under DACA, young people will be able to seek temporary relief from deportation if they:
- Were under the age of 31 as of June 15, 2012
- Came to the US before they turned 16
- Have continuously resided in the U.S. since June 15, 2007, up to the present time
- Were present in the U.S. on June 15th, 2012 and at the time for making the request for deferred action with the US Citizenship and Immigration Services
- Had no lawful status on June 15, 2012, meaning that:
- They never had a lawful immigration status on or before June 15, 2012, or
- Any lawful immigration status or parole obtained prior to June 15, 2012, had expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, earned a GED, or have been honorably discharged from the military;
- Have no criminal history and do not pose a threat to national security or public safety
In 2012, when DACA was first announced, Janet Napolitano, who was Secretary of the Department of Homeland Security at the time, told immigration rights advocates and educators attending a White House Immigration Community Leader Briefing : “It makes no sense to expend our enforcement resources on these young people who were not culpable for being brought to this country and who have grown up here…I’ve met some of these students-we want their brains and talents here.”
CCCIE is pleased to share the following resources on how to support undocumented students, including those eligible for DACA, at your college. We welcome your feedback at email@example.com.
DREAM Act Provisions of 2013 Comprehensive Immigration Reform Would Provide a Five-Year Track to Citizenship for Eligible Undocumented Youth and Young Adults
The Development, Relief, and Education for Alien Minors (DREAM) Act refers to proposed federal legislation that would provide a path to legalization for eligible unauthorized youth and young adults. First introduced in 2001 by Sen. Orrin Hatch (R-UT) and Sen. Richard Durbin (D-IL), it has since been introduced regularly, both as a stand-alone bill and as part of comprehensive immigration reform bills in both the House and Senate. The most recent DREAM Act provision was incorporated as part of S. 744, the historic bipartisan comprehensive immigration reform that passed the Senate on June 27, 2013.
The DREAM Act provisions in the Senate’s immigration reform bill would make some young people eligible for green cards and US citizenship after five years if they go to college or serve in the U.S. military, a much faster track to lawful permanent resident status or citizenship than any prior legislation. Unlike previous DREAM bills that restricted eligibility to those under the age of 30, this bipartisan legislation, introduced by the Senate’s “Gang of 8,” eliminated that age cap. The Senate bill would also change the rules that have limited DREAMers access to in-state tuition and college loans
- From CCCIE, 10 Things Educators Can Do to Help Undocumented and DACAmented Youth: our recently updated toolkit of resources and recommendations to help educators launch effective outreach campaigns and provide information to assist students.
- From CCCIE: Dreaming Big: What Community Colleges Can Do to Help Undocumented Youth Achieve Their Potential, our report describing promising practices in five critical areas: increasing college access, making college affordable, supporting college readiness and success, offering alternatives for adult learners, and improving college retention and completion.
- United We Dream has created the National Institutions Coming Out Day Toolkit: Institutional Policies and Programs With and For Undocumented Students. Click here for more information. UWD’s DEEP program provides resources to engage immigrant students, parents, and educators and organize conferences to improve educational equity.
- The Migration Policy Institute has published Relief from Deportation: Demographic Profile of DREAMers Potentially Eligible under the Deferred Action Policy. See the full report.
- From WE OWN THE DREAM, an online tool helps young people determine if they are eligible for Deferred Action for Childhood Arrivals
- USCIS-Deferred Action Process Portal provides detailed FAQs on the process and other helpful links. Individuals seeking more information on the new process should visit ICE’s website (at www.ice.gov), USCIS’s website (at www.uscis.gov), or DHS’s website (at www.dhs.gov). Individuals can also call ICE’s hotline (at 1-888-351-4024) or USCIS’s hotline (at 1-800-375-5283) with questions or to request more information on the new process. The hotlines offer assistance in English and Spanish.
- The U.S. Department of Education has released a comprehensive resource guide to help educators, school leaders and community organizations better support undocumented youth, including DACA recipients.
- The United We Dream Network and the National Immigration Law Center have collaborated in developing information on the Deferred Action for undocumented youth. Learn more by reading their FAQs.
- Educators for Fair Consideration provides educator guides to support undocumented students and updated interactive scholarship resources to help undocumented students pay for college. In addition, E4FC’s Case Analysis Service provides analysis of possible immigration remedies and benefits to undocumented students and those eligible for DACA. See also BEYOND DEFERRED ACTION: Long-Term Immigration Remedies Every DREAMer Should Know About
- The Migration Policy Institute’s data tool and interactive map provides estimates of unauthorized immigrant youth currently eligible for DACA (whether they have applied or not) nationally and in top states and counties.
- ImmigrationImpact.com, a project of the American Immigration Council, offers numerous articles and updates on the deferred action directive, as well as other immigration issues.
- College Board has created a Repository of Resources for Undocumented Students to help these students access higher education.
- Visit the ulead Network, an initiative of the National Forum on Higher Education for the Public Good and view a free webinar on providing holistic support for undocumented students, featuring CCCIE resources and best practices from CCCIE member City Colleges of Chicago, including CCC’s STAR scholarship program.
- A 2011 study conducted by the National Forum informs this report, Reconciling Federal, State, and Institutional Policies Determining Educational Access for Undocumented Students: Implications for Professional Practice, which offers a comprehensive description of the characteristics of the undocumented population and their underrepresentation in higher education.
- The National Immigration Law Center tracks state legislation that address access to education for immigrant students, including bills that improve access to higher education or K-12, as well as those restricting access to post secondary education with URLs for bill language and updates on current status.
DREAM Act 2011 Legislative Update
The Development, Relief, and Education for Alien Minors (DREAM) Act is proposed federal legislation that would provide a path to legalization for eligible unauthorized youth and young adults. First introduced in 2001 by Sen.Orrin Hatch (R-UT) and Sen.Richard Durbin (D-IL), it has since been introduced regularly, both as a stand-alone bill and as part of comprehensive immigration reform bills in both the House and Senate. The latest version of the DREAM Act, was introduced on May 11, 2011, in the Senate (S. 952) by Sen. Dick Durbin (D-IL) and 32 fellow senators, and in the House of Representatives (H.R. 1842) by Reps. Howard Berman (D-CA), Ileana Ros-Lehtinen (R-FL), and Lucille Roybal-Allard.
- “California Dream Act Offers Path to College for Undocumented Students”
Governor Jerry Brown signed the California Dream Act into law in October 2011. Undocumented students are now eligible for state college aid. See the article in the LA Times.
- “In-state tuition for illegal immigrants is preserved with California Supreme Court ruling”
California judges have ruled to uphold AB 540, a state law extending tuition relief to undocumented students. This ruling represents a success for students and education advocates to expand educational opportunities and to work towards overall immigrant community advancement and integration. For more information, read more and see reaction from the National Immigration Law Center.
- “In Historic Move, Senators Durbin and Lugar Call on DHS to Protect Immigrant Youth”
This news release from America’s Voice, a nonprofit that works to build public and political support for immigration reform, describes a bi-partisan effort toprevent the deportation of immigrant youth who would be eligible for the DREAM Act. According to Frank Sharry, Executive Director of America’s Voice, this initiative “is a significant new development in the ongoing immigration reform debate. This is the first time a bipartisan duo of leading lawmakers has made such a request, and it is a harbinger of things to come….” Read more
- “New Immigration Reform Bill Could Help Undocumented Students”
A Chronicle of Higher Education article discusses the recent legislation, introduced by Rep. Luis V. Gutierrez, Democrat of Illinois, that would create a path to legal residency and citizenship for some undocumented students. Mr. Gutierrez’s bill, called the Comprehensive Immigration Reform for America’s Security and Prosperity Act, includes some provisions from the original DREAM Act (Development, Relief, and Education for Alien Minors Act), , but has expanded or changed some of the original DREAM Act provisions. This new bill adds employment as a pathway for high school students to gain permanent residency, while the original bill provides two years of college or military service as the only routes to permanent residency. Read more
- “President Obama Links Immigration Overhaul in 2010 to G.O.P. Backing.”
This New York Times article assesses the political climate in Washington for an overhaul of the immigration system and discusses the bill being shaped by Senator Charles E. Schumer, Democrat of New York, and Senator Lindsey Graham, Republican of South Carolina. Meanwhile, young immigrants, including undocumented students, rallied in several cities for immigration reform. Read more
- “Struggling with the Status of Undocumented Students”
States are unsure of what to do about the issue of undocumented students. This article, featured in The Community College Times, a publication of the American Association of Community Colleges, presents an overview of how some states address the issue and the potential impact of federal DREAM Act legislation. Also described are CCCIE’s initiatives to educate the public on the DREAM Act and the challenges community colleges face in meeting the educational needs of the immigrant population. Read more
- “AACC President Urges Congress to Revive the DREAM Act”
In a 2008 op-ed article for The Chronicle of Higher Education, AACC President and CEO Dr. George R. Boggs notes that passage of the DREAM Act would directly affect the nation’s economic competitiveness and urges college administrators, faculty members, and students to educate local business leaders about the importance of the DREAM Act in their communities. “While much of the business community supports comprehensive immigration reform and increases in the numbers of highly skilled foreign workers brought into the United States, it has remained largely silent on the DREAM Act,” according to Boggs. Read more