The fate of over 500,000 children brought into the United States as children protected under the Deferred Action for Childhood Arrivals hangs in the balance as a Federal Appeals Court deliberates its future.
These Dreamers are undocumented migrants who were brought into the United States as children. The DACA program, since its inception in 2012, has protected them so far, allowing them to live, study and work in the United States without the fear of being deported. As the challenges of legality that DACA has faced continue, the future of DACA hangs in the balance, signifying potentially life-altering consequences for the young people involved.
Deferred Action for Childhood Arrivals
Introduced by the Obama administration in 2012, the Deferred Action for Childhood Arrival program was an executive action to provide temporary relief for a sect of undocumented migrants who are often referred to as “Dreamers”. Brought into the United States as children, many of these Dreamers have little ties to their birth country. The DACA program has afforded them the privilege to apply for temporary protection from deportation, work permits and other benefits although renewable on a 2-yearly basis.
DACA however has faced multiple challenges over the years, especially in Republican-led states like Texas. They question the programs’ legality, insisting that it is putting undue financial strain on their resources.
This ongoing litigation has inspired fear in Dreamers with the uncertainty that their protection could soon be taken away.
Following the DACA Legal Arguments and Appeals
The crux of the current case is the question of DACA’s legality and consequently the legality of Bidens effort to codify the program. In the case heard by the Fifth Circuit Court of Appeal, Texas and other plaintiffs argue that DACA’s creation was unlawful and was an executive overreach, a bypass on the authority of congress to legislate immigration laws. The plaintiffs claim that the program places undue financial burden on states by the increasing costs of education, healthcare and other services necessitated by catering to the undocumented migrants
On the flip side, advocates of DACA emphasize the contributions of these migrants to both the U.S. economy and he society at large. They also point out the moral imperative of protecting these young people who were brought into the country as children through no fault of their own.
As part of their argument, many of these Dreamers work in essential services, they pay taxes and contribute to the economy. According to the Migration Policy Institute, DACA recipients contribute nearly $42 billion annually to the U.S. economy, which in no small way highlights their importance to both state and federal budgets.
During the recent hearing, questions were raised by lawyers representing the Biden Administration on the locus of Texas and other states to sue over DACA, insisting that these states have failed to prove how DACA has harmed it.
The current state from previous hearings shows the U.S. District Court for the Southern District of Texas limiting their rulings against DACA, closing the program to new applicants but allowing current recipients to continue renewing their two-year work permits and deportation deferrals.
Implications for the Future
The future remains unclear for DACA as many factors come into play. This does not erode the fact that the outcome of the case holds significant consequences for over half a million Dreamers.
The outcome of the upcoming elections also has a significant bearing on DACA’s future owed to the fact that though Kamala Harris has been a vocal supporter of the program, Former President Trump had tried to end the program during his tenure in 2017.
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