Young immigrants known in the United States as Dreamers and the federal program known as DACA, designed to protect them from deportation, have dominated the heated debate over immigration reform in Washington for quite a while. part of the decade. President Joe Biden wants to put the Dreamers on a fast track to citizenship. But nine states are suing to have DACA declared illegal, which could lead to these immigrants being deported from the country.
1. Who are the “Dreamers”?
The term refers to undocumented immigrants who were brought to the United States as children and have lived in America for much or most of their lives, although they are technically not allowed to be there. The name originated from a bill first proposed in Congress from 2001-2002, the DREAM (Development, Relief and Education for Alien Minors) Act, which was intended to help these undocumented immigrants attend college in the United States and obtain lawful permanent residency upon graduation. Although revised and reintroduced several times, the bill never passed Congress, and it has been overshadowed in recent years by the more pressing debate over DACA, which Biden’s predecessor, Donald Trump, has claimed. repeatedly promised to repeal.
It’s a program — Deferred Action for Childhood Arrivals — put in place by President Barack Obama in 2012 without Congressional involvement to protect many Dreamers from deportation. The program allows them to apply for two-year renewable permits that protect them from deportation and allow them to work legally. Candidates must have arrived before 2007 under the age of 16 and be under the age of 31 in 2012. They must not have a significant criminal record and be enrolled in high school or have a diploma or equivalent. The program does not provide access to permanent residency or citizenship. Obama said it was not a “permanent solution” but merely a “stop-gap measure” until Congress finally approves the Dream Act. (Critics say Obama’s action was a blatant example of presidential overreaching.) Nevertheless, DACA is still there. In one of his first acts as president, Biden issued an executive order calling on the Secretary of Homeland Security to take all appropriate steps to “preserve and fortify” DACA.
3. How many people are protected by DACA?
The Migration Policy Institute estimates that 646,000 people are registered with DACA. The vast majority come from Mexico, with smaller contingents from Guatemala, El Salvador and other countries. Most had no connection with their country of origin. Some didn’t know they were undocumented until they applied for a driver’s license or college aid. Current law makes it difficult for them to obtain legal status unless they leave the United States and apply. Another 685,000 people meet all the criteria to apply for DACA, the institute estimates. Under Trump, whose efforts to abolish DACA have been thwarted by the courts, the government stopped accepting new applications for more than three years. In December 2020, a district court ordered officials to resume care. After another court ruled that DACA was illegal in mid-2021, the government stopped granting new requests, although it continued to accept them.
4. What is the lawsuit about?
In a case before a federal appeals committee in New Orleans, nine Republican-led states say a president cannot legally usurp the authority of Congress to set immigration policy or change federal programs without following all the required regulatory steps. They also complain that DACA provides federal benefits — which states must pay — to entire classes of people illegally in the country, in violation of immigration law. Lawyers for the Biden administration have argued that DACA is consistent with applicable immigration law because officers retain discretion to reject specific applicants on a case-by-case basis, while focusing limited resources on deportation of priority offenders. They pointed out in court documents that the Dreamers’ ability to work legally, access employer health care, buy homes and pay property taxes reduces the financial burden on states to provide education services. and health to undocumented immigrants.
He urged Congress, as part of an overhaul of U.S. immigration policy, to pass legislation allowing Dreamers to immediately apply for permanent U.S. residency and possibly citizenship. In March 2021, the House of Representatives, where Biden’s Democratic Party has a majority, passed such a bill, the Dream and Promise Act, but it stalled in the Senate, which is split 50-50 between the two parties. .
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