DACA
Deferred Action for Childhood Arrivals (DACA) is a United States immigration policy that allows some individuals with unlawful presence in the United States after being brought to the country as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit in the U.S. To be eligible for the program, recipients cannot have felonies or serious misdemeanors on their records. Unlike the proposed DREAM Act, DACA does not provide a path to citizenship for recipients. The policy, an executive branch memorandum, was announced by President Barack Obama on June 15, 2012. U.S. Citizenship and Immigration Services (USCIS) began accepting applications for the program on August 15, 2012.
In November 2014, President Obama announced his intention to expand DACA to cover additional undocumented immigrants. Multiple states immediately sued to prevent the expansion, which was ultimately blocked by an evenly divided Supreme Court. Under President Trump, the Department of Homeland Security rescinded the expansion in June 2017, while it continued to review the existence of DACA as a whole. In September 2017, the Trump Administration announced a plan to phase out DACA. The government deferred implementation of this plan for six months to allow Congress time to pass the DREAM Act or some other legislative protection for undocumented immigrants. Congress failed to act and the time extension expired on March 5, 2018, but the phase-out of DACA has been put on hold by several courts. On August 31, 2018, District Court Judge Andrew Hanen ruled that DACA is likely unconstitutional. However, he let the program remain in place as litigation proceeds. In June 2020 the Supreme Court ruled against the Trump administration's order to rescind DACA, saying the administration had not provided adequate reasoning under the Administrative Procedure Act.
Research has shown that DACA increased the wages and employment status of DACA-eligible immigrants, and improved the mental health outcomes for DACA participants and their children. Research also suggests it reduced the number of undocumented immigrant households living in poverty. There is no evidence to indicate that DACA recipients have higher crime rates than native-born Americans; most research shows that immigrants have lower crime rates than native-born Americans. Economists reject that DACA has adverse effects on the U.S. economy or that it adversely affects the labor market outcomes of native-born Americans.
In August 2018, USCIS estimated there were 699,350 active DACA recipients residing in the United States. Immigration researchers estimate the population to be between 690,000 and 800,000 people
The policy was created after acknowledgment that "Dreamer" students had been largely raised in the United States, and this was seen as a way to remove immigration enforcement attention from "low priority" individuals with good behavior. "Dreamers" get their name from the DREAM Act, a bill that aimed to grant legal status to young immigrants residing in the U.S. unlawfully after being brought in by their parents. The undocumented immigrant student population was rapidly increasing; approximately 65,000 undocumented immigrant students graduate from U.S. high schools on a yearly basis. The vast majority of Dreamers are from Mexico.
The DREAM Act bill, which would have provided a pathway to permanent residency for undocumented immigrants brought to the United States upon meeting certain qualifications, was considered by Congress in 2007. It failed to overcome a bipartisan filibuster in the Senate. It was considered again in 2011. The bill passed the House, but did not get the 60 votes needed to overcome a Republican filibuster in the Senate. In 2013, legislation had comprehensively reformed the immigration system, including allowing Dreamers permission to stay in the country, work and attend school; this passed the Senate but was not brought up for a vote in the House. The New York Times credits the failure of Congress to pass the DREAM Act bill as the driver behind Obama's decision to sign DACA.
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