By Mona Austin
Where does the pivotal immigration reform policy DACA stand on its 10-year anniversary? With an already fractured immigration system worsening during the pandmic, As the first for permanent protections persists, DACA is in limbo.
(The Slice News): DACA, or the Deferred Action for Childhood Arrivals, has been the "saving grace" of immigration reform.
Tomorrow, June 15, marks the 10 year anniversary of DACA. Pres. Barack Obama instituted the measure to give "Dreamers" legal status in the U.S. in a Rose Garden announcement in 2012. This buffer in the government benefitted 800,000 migrant youth (nore than the current pioulation of the Country of Guyana) who were brought over as children, so called "dreamers," in getting education and their parents, work. Through the implementation of DACA policies, the U.S. rolled out the welcome mat to people from all parts of the world. The recipents of DACA represent the racial rainbow coming from the African diaspora, Latin, and Asian countries. They have entered America's territory by plane, boat and on foot seeking greater opportunities.
As a component of America's broken, but developing immigration system, DACA is not perfect. Albeit, insecure, at the moment it is a mechanism that is relied upon for young people hoping to call America their home. Over this last decade, DACA adherents have protested for a more reliable system in from the statbe houses and in the streets all ove rht country. A range of needs have been raised from garmering a better proces to getting respect as foreigners.
DACA legally affords a chance for a better way of life to children (and by default families) -- yet by design it is neither permanent nor a path to formal citizenship. Bi-anually DACA status must be renewed through the United States Citizenship and Immigration Services (USCIS). Dreamers must self-deport by the ae of 21. The impermanence in the policy offers limited portection for those who desire a faster track to legal residency in the U.S. that is not only prolonged by the influx of migrants seeking citizenship, but also by corruptiion from bad actors taking advantage of the lax system. Another problem with being allowed in the country for a designated period of time is that conservatives continue to try to fight the policy.
In 2020 the US Supreme Court overturned a Trump Administration attempt to rescind DACA in NAACP v Trump. Trump ultimately lost the case for violating Adminstrative procedures as prescribed by the APA (Administrative Procedures Act. ) In a 5-4 Supreme Court decision authored by Chief Justice John Roberts, the court determined that the filing was carried out in an "arbitrary and capricious manner " and was subject to review. It concluded that the DACA termination attempt violated the APA by the U.S. Department of Homeland Security (DHS) "failing to distinguish between the protections from deportation (“forbearance from removal”) and the benefits (such as work authorization) that come with DACA" according to the National Immigration Law Center.
At the time the NAACP held the vitory as "groundbreaking," likening it to the Supreme Court triump in Brown v Board of Education.
However, the legal future of DACA reciis still uncertai. Advocates fear that DACA may be on "life support" as an adverse decision from Judge Andrew Hanen in 2021 and the Fifth Circuit and U.S. Supreme Court appears likely to upheld key elements of Hanen’s ruling on appeal.
At issue is that DACA does not confer citizenship and it is subject to renewal bi-annually. Only Co -- not tngress has executive authority to grant citizenship or change immigratin laws. As long as DACA can face legal challenges.
Meanwhile, the White Houe says Pres. Joe Biden supports DACA. In ideology the Democratic Party has embraced immigration reform, a campain promise the president has yet to fulfill. Biden vowed to brin a sense of humanity to the process. Yet, many asylum seekers as wel as would-be Dreamers have been let downPractical solutions have not been put on the table in the year and a half that Biden has been in office. The Biden Adminstration has attemtped and failed to address the clogged entry of immigrants at the border and in the immigration system that was held up by the Trump Administration. Their attempt to lift Tile 42 was blocked by a federal judge in Louisina in May. The effort to change it will likely be sought in court. Temporary Protective Status is being used to admit some immigrants to the U.S. currently.
In order to defend DACA, the Biden Adminsitration must put pressure on Congress to reform it.