On June 15, 2012, former President Obama created the Deferred Action for Childhood Arrivals (DACA) program through an executive order. The program was created as a result of undocumented youth activism and after Congress’s inability to pass immigration reform. Immediately, Obama received pushback from conservatives that brought into question executive power. Many praised Obama but it is important to remember he created the program only after receiving immense pressure from youth due to the mass amount of deportations under his administration.
DACA has allowed more immigrants to pursue more opportunities as a result of this program but it falls short in various areas. One of the biggest criticisms is that it leaves out an enormous amount of immigrants and further reinforces the “good” vs. “bad” immigrant narrative. By framing immigrant youth as innocent, the conversation has shifted into blaming their parents for breaking the law. Furthermore, the dialogue surrounding immigration has focused on protecting DACA instead of comprehensive immigration reform.
From the moment DACA was announced, conservatives have tried to terminate it and for the past 10 years, Dreamers have been in limbo as a result of this. Obama received pushback from politicians but upon seeing how successful the program was, he attempted to expand the program from two years to three years.
Additionally, he tried creating the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program which would have granted similar protection to the undocumented parents of U.S. citizens and legal residents. Immediately there was a lawsuit brought forward against the program and it was officially blocked by the Supreme Court in June 2016. When the Trump administration took power, one of the first actions they took was to terminate DACA.
While current recipients were able to maintain their status, the termination meant that new applicants could no longer be accepted and Advance Parole would be terminated (Advance parole gives DACA recipients the opportunity to travel abroad and return to the U.S legally). Ultimately, the Supreme Court ruled DACA was legal. Shortly after, USCIS attempted to increase the $495 fee and suggested that applicants would have to renew annually instead of every two years. Fortunately, public outcry prevented USCIS from making these changes permanent.
When Biden was then elected in 2020, people hoped things would improve but he has yet to take drastic action on immigration. Today, DACA is once again in the courts due to a lawsuit brought forth by Texas. The U.S. Court of Appeals for the 5th Circuit is set to hold a hearing on July 6th. Additionally, DACA recipients have experienced delays in their renewals which for many has resulted in expired work permits and loss of employment.
While DACA has given recipients the ability to pursue more opportunities it is merely a stop-gap program that continues to be used as a weapon by both political parties. According to The Migration Policy Institute, there are 2.3 million Dreamers in the U.S. and only 611,400 of them have DACA. This means 1.6 million undocumented youth do not have any legal protection as the program currently does not accept new applicants due to the current lawsuit. It is also important to remember that current recipients are no longer kids. Many are in their 20s and 30s and have U.S.-born children. With even more people vulnerable now, it is time we shift the focus from protecting DACA back to demanding protection for all undocumented immigrants.
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