Background

Originally introduced to Congress in 2001, the DREAM or Development Relief and Education for Minors Act would have guaranteed citizenship to unauthorized immigrants who arrived in the U.S. as children. Although 11 versions of the bill have been introduced to Congress over the past 20 years, the DREAM act has never been signed into law. However, the bill has given rise to the concept of Dreamers as a niche migrant population composed of primarily young people and students. When Congress did not pass the DREAM act in 2012, former President Obama issued an executive order to establish Deferred Action for Childhood Arrivals or DACA. While DACA defers the deportation of eligible immigrant youth who came to the U.S. as children, it does not grant citizenship.  

What is DACA? 

DACA-eligible individuals can apply for renewable two-year work permits and receive a social security number as well as state-issued documents like a driver’s license. Current estimates suggest that DACA stops approximately 800,000 young people from being deported, however, not all unauthorized young immigrants are eligible. DACA protections only extend to individuals who were under the age of 31 as of June 15, 2012, and entered the U.S. before their 16th birthday. Applicants must either be currently enrolled or graduated from high school, have a GED, or be honorably discharged from the U.S. military. 

DACA Uncertain Legal History 

Former President Trump campaigned to rescind DACA, and in September of 2017, he formally announced his intention to terminate the ​​program. However, federal courts ruled against this decision because stating that ending DACA was a violation of the Administrative Procedure Act. As a result, the Department of Homeland Security continued to accept new applications. To preserve programs like DACA and Dreamer efforts, President Biden instructed DHS to fortify DACA when he took office. A few months later, a 2021 court ruling in Texas found the program unlawful, casting doubts on its future. While the Fifth Circuit Court of Appeals hears arguments, individuals already enrolled in DACA can continue to receive benefits, but the federal government is not currently granting applications for first-time applicants. 

Arguments Against DACA 

Some consider legislation like the DREAM Act and DACA to encourage illegal immigration, as they argue that these potential protections will incentivize families to enter the U.S. illegally to ensure their children are eligible for these programs. Proponents of this idea point to the millions of undocumented immigrants already living in the U.S. and an unprecedented spike in migration to the U.S. this past year in light of the COVID-19 pandemic and Biden’s pledges to advocate for Dreamers. In response to this influx, some have proposed harsher restrictions on pathways to citizenship, such as limitations on student Visas and work permits. Proposed legislation such as the Student Visa Security Act, would require more DHS oversight of student visas, in particular, making it harder for non-citizens to enter the country to study. Additionally, many believe that DACA’s enactment is indicative of a larger pattern of executive overreach, as the Obama-era executive action bypassed the legislature’s decision to halt the DREAM Act. 

Arguments for DACA 

Unauthorized students arguably stand the most to gain through DACA’s protections, as the program expands access to all levels of education for eligible non-citizens. When DACA-eligible individuals apply for two-year renewable work permits, they can also receive social security numbers. The Free Application for Federal Student Aid or FAFSA, and other financial aid documents require a social security number. This means DACA members can apply for federal financial aid and in some states, in-state tuition and education grants. Access to these resources makes higher education more accessible for unauthorized immigrants, and a 2020 study found that more than 45,000 undocumented students are enrolled in colleges or universities across the U.S., while 87% of DACA-eligible students are enrolled in undergraduate programs. 

Some researchers believe having access to these tertiary education financing options promotes engagement at all levels of education. A study comparing high school graduation and attendance rates for citizens and non-citizens before and after DACA’s enactment found that the program reduced this achievement gap between the two groups by 40%. Beyond education, DACA’s work permits enable recipients to legally find jobs in the United States. A survey found that after applying for DACA 60% of beneficiaries found a new job, and on average, their wages were 8.5% higher than before. 

Conclusion 

While the future of DACA is uncertain, Dreamer immigrants are indicative of larger debates and value judgments surrounding immigration in the United States. As the U.S. recovers from the pandemic, immigration policy has returned to the forefront of the political landscape, particularly under the leadership of a President who has pledged to advocate for the citizenship of Dreamers in contrast to his predecessor. However, many Dreamers are still in legal limbo.