Updated on 09.12.2024
Below, we provide background on the DACA Deferred Action for Childhood Arrivals program and clarify the current situation for those affected.
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The DREAM "Development, Relief and Education for Alien Minors" Act.is a bill that was first presented to the Senate in 2001. It provided for children, most of whom had come to the United States illegally and undocumented with their parents, to be granted legal residency status up to and including U.S. citizenship under certain conditions.
Three steps should make it possible to become a U.S. citizen in the long run: From a Conditional Permanent Residence (CPR) via the Lawful Permanent Residence (LPR), known as aGreen Card to naturalization as a US citizen.
Although this bill has been repeatedly introduced in amended versions (most recently in May 2019), to date there has been no enactment and no appropriation is forthcoming.
Nonetheless, the DREAM Act bill gave its name to those who fall under the DACA program: "Dreamers".
In fact, Dreamers often take jobs in the US that are generally difficult to fill, such as in the steel industry or in the low-wage sector. Other Dreamers sign up for the US military and are welcome there.
In 2012, then-President Barack Obama introduced the so-called DACA Deferred Action for Childhood Arrivals program. by presidential decree because his planned immigration reform failed to win a majority in Congress. Instead of facing deportation, more than 700,000 minors were allowed to stay in the US under this protection program and, if necessary, study or work, even though they had come to the United States illegally and without papers with their families. For this purpose, minors 16 years of age and older had to apply to the U.S. Immigration and Customs Enforcement Service (USCIS) for "deferral of removal," i.e., apply for a DACA permit, through which a legal status including two-year work permit could be obtained. During this time, the persons are protected from deportation.
Since DACA's inception, it has benefited not only the immigrant children involved, but also much of the US economy. To qualify for the DACA program, applicants must:
An extension of the protected status is always possible again (for two more years), as long as the application was filed in time before the 2-year period expired. Obtaining US citizenship (as originally envisioned at the DREAM Act) is not provided for in the DACA program.
There are also strict travel regulations for DACA program participants. For example, they must obtain prior approval from the relevant authorities before leaving the United States in order to avoid having their status revoked. Applications for permission to leave the country can be submitted for humanitarian reasons or for urgent business reasons, for example.
While opponents of the DACA program argue that it takes jobs away from thousands of Americans, supporters point to the many improvements that the program has brought. For example, the residency permit entitles holders not only to study, but also to work legally, which not only reduces undocumented work, but also generates more tax revenue and counteracts the lack of prospects for the children of illegal immigrants. Thus, the termination of the program could damage both the economy and security of the United States.
After the first Trump administration made several attempts to end the DACA program, US President Joe Biden reinstated the protection program for young migrants in its original state in January 2021.
However, the legality of the program has been repeatedly called into question by subsequent court cases. The US Congress has failed multiple times to pass legislation to pass the DACA program into law and create a pathway to legal status for DREAMers.
This issue has only become more pressing as the program could be overturned by a Supreme Court decision as early as next year. At the same time, the new Trump administration could push to end DACA.
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