The Obama administration’s Deferred Action for Childhood Arrivals (“DACA”) initiative has protected approximately 800,000 undocumented immigrants – called Dreamers – from deportation. Dreamers are people who came to the U.S. either by land or by air with a visa as infants or children under the age of 16, who have no legal immigration status. Implemented by Executive Order in 2012, DACA offered these individuals “deferred action” – a status which defers enforcement and deportation and offers the innocent undocumented the opportunity to live and work openly in the U.S. despite being undocumented or long-term overstays.
For those who oppose DACA, the program is an overreach of executive authority which provides semi-legal status for lawbreakers. For those who support DACA, the program offers a semi-protected status for individuals brought or sent to the U.S. as children, unable to consent or form any illegal intent, by giving them a chance to work, study and live without fear of arrest, detention and deportation.
During the 2016 Presidential campaign, then-candidate Trump declared plans to build a wall, round-up illegal workers and end DACA in support of his larger goal of getting tough on immigration. Following his inauguration, after big-city Mayors, members of Congress and civil rights groups urged him to reconsider, now-President Trump changed his mind and at a news conference that he would look into the issue and “deal with DACA with heart”.
Since then, pressure has been building, both from those opposed to DACA and those who support it and while no proposal to eliminate DACA has been announced, contradictory statements on DACA’s future are causing tremendous anxiety and fear among Dreamers and DACA supporters.
Currently, DACA is technically under review by the Administration. At the same time, there have already been reported cases of immigrants supposedly under DACA’s protection being picked up by ICE officers, detained and put into proceedings. Until the Administration publically announces a final decision, Dreamers are in limbo, unsure of whether they are protected by DACA or vulnerable to arrest without warning. Ultimately, the decision will rest with the President who, among other considerations, will weigh the political impact of his decision. Until a decision is made, Dreamers will continue to worry. In the meantime, it is up to the voting public to make their voices heard by those who can influence the President.
For more information on DACA and tips on how DACA beneficiaries can protect themselves, click here and click here. For information on how to apply for DACA, or new DACA, contact us.