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National // DACA Act Faces Challenges

Recent attempts to contest the legality of the Deferred Action for Childhood Arrivals (DACA) act may lead to its repeal, but proposed new litigation could still allow similar protection to young illegal immigrants.

Despite GOP promises to disband DACA, the new administration has so far upheld the program, approving over 100,000 new applications since January. Currently, the administration remains divided over the issue. Attorney General Jeff Sessions has called DACA unconstitutional, and some conservative groups have even threatened to sue the federal government if the program is not repealed. It is predicted that if DACA actually faces legal scrutiny the program would not survive.

The DACA initiative, enacted over five years ago by the Obama Administration, allows the children of undocumented immigrants to gain access to better jobs, financial aid for college, driver’s licenses, and even the ability to open bank accounts. Currently, about 800,000 people are protected by DACA. Many of these “Dreamers” have spent more of their lives in the United States than in their birth countries, and were not of age when they entered the country.

According to the New York Times, to qualify for deferment “applicants must have entered the United States before age 16, lived in the country continuously since June 2007 and have committed no serious crimes.” The protection lasts for two years and can be renewed.” The act does not grant citizenship, but rather allows “Dreamers” to come out of the shadows and live as normal citizens of the country that they grew up in.

The unsteady future of the DACA program leaves “Dreamers” who are protected through this program uncertain about their own futures. Many have voiced concerns about deportation, yet as Sessions pointed out in The Atlantic, “everyone that enters the country unlawfully is subject to being deported.” Ultimately, DACA does not protect “Dreamers” from deportation because they are not citizens.  

Recent developments have led to the proposition of a new bill: the Development, Relief, and Education for Alien Minors (DREAM) Act. According to CNN, the new bill “would grant a conditional green card to all current DACA recipients…Eventually, if the requirements of the bill are met, those individuals could apply for permanent residency and potentially citizenship.” It outlines similar requirements to DACA, but includes further vetting processes such as a background check, a medical exam, and educational prerequisites. Due to its compromise behind maintaining strict immigration policies and providing a road to citizenship, the DREAM Act has already gained a substantial amount of bipartisan support.

Several Houghton students express positive attitudes towards DACA and the Dream Act. Jonathan Libby ’20 supports the goals of DACA, but states that Obama enacted the program through unlawful means. Libby says that he “wants to see it implemented legally and constitutionally.” Shannon Pigott ’19 says: “I am in favor of legislation that is in favor of immigrants and in favor of our country. I don’t think those should be exclusive to each other.” Daniel Merriam ’17 recognizes the business side of the equation, but also realizes that this issue deals with real people.