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Updated on 22.07.2021
On March 5, the deadline for the DACA program expired without an agreement being reached in Congress. 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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TheDREAM "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 U.S. 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 aConditional Permanent Residence (CPR), i.e. conditional settlement permit, via theLawful Permanent Residence (LPR), a permanent work and residence permit issued as aGreen Cardknown to naturalization as a U.S. citizen:in.
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.
Nevertheless, theDREAM ActBill the name"Dreamers", which popularly refers to those who fall under the DACA program.
The fact is that the popularly called"Dreamers"often take jobs in the U.S. that are generally difficult to fill, such as in the steel industry or the low-wage sector. Other"Dreamers"enlist in the U.S. military and are welcomed 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 U.S. economy. To qualify for the DACA program, applicants must:in:
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 former Trump administration made several attempts to end the DACA program, new US President Joe Biden reinstated the young immigrant:protection program in its original state in January 2021.
The U.S. Department of Homeland Security, in consultation with the Attorney General, should take all actions appropriate to secure and strengthen DACA. The goal was for U.S. agencies to accept initial DACA applications for the first time in years.
Now, Judge Andrew Hanen issued a preliminary injunction preventing the U.S. Department of Homeland Security (DHS) from accepting new DACA applications. Current DACA program participants:in contrast, can continue to renew their status and employment eligibility - at least while appeals are pending. Indeed, the Biden administration immediately responded that it would appeal the decision.
Once US immigration authorities restore the DACA program, employers and DACA recipients can expect greater certainty and stability in ongoing employment relationships. But for now, the case is expected to work its way through the U.S. Court of Appeals for the Fifth Circuit (in New Orleans) and finally a third time in front of the U.S. Supreme Courtlands.
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