The US Government Should Not Waste This Opportunity To Codify The DACA
27 October 2022Ever since President Obama created the DACA in the 4th year of his presidency, opposition had tried to take it down at every step. Now over 10 years old, the opinion-splitting policy is once again in the spotlight. After a federal judge in the state of Texas ruled that the program was unconstitutional, a court of appeals upheld the decision.
Arguing Over What To Do With Minor Immigrants
This is just the latest in a long history of pushing back and forth concerning the program. To understand why the program is such a point of contention, it is necessary to understand just what it is. The program offers immigrants who entered the country illegally as children some protections. It gave those who were brought to the US as children during a certain time period work permits and opportunities to work and to study Those who meet the requirements also enjoyed a measure of protection from deportation. One of the most important benefits of DACA is advance parole which allows a DACA beneficiary to travel to and from the US without losing their status.
At this moment, DACA applications from new filers are being accepted but not decided. Due to the courts’ rulings it is only possible to file for renewals for those who already have DACA. DACA enrolees are not legal permanent residents or citizens of the United States. They are not given official legal status or a route to citizenship under the program.
Reasoning Behind The Latest Ruling
Recently, the 5th Circuit Court of Appeals again issued a decision jeopardizing the program.
The judge ruled that the original program was unconstitutional because it was created by executive orders. Such a far reaching and significant operation needed the voice of the American people through Congress. That was consistently acknowledged, even by the President who created it. He repeatedly mentioned the necessity of legislative backing in relation to passing new immigration laws without the consent of Congress.
Obama often remarked that circumventing Congress to alter immigration legislation is against democratic principles. Obama first announced DACA in 2012. His successor, Trump, was quick to try to stop the program, and had to be blocked by a court's order in 2020. The main point of contention was that Trump did not adhere to the Act that guidelines administrative powers in trying to cancel DACA. Ironically, the process of its creation also violated that Act. The program was only saved by the Supreme Court, which avoided making a decision about the program’s constitutionality. However, now the US Supreme Court has more conservative members and the program may just be cancelled.
What Does The Ruling Mean For People Who Benefit From The DACA?
The legal implications mean that the Appeals Court has permitted the program to remain for participants already in the system. Participants and supporters of the DACA program have been demonstrating and protesting against the decision. In the meantime, the Supreme Court will eventually decide on the fate of the program. The court order means that the DHS is not permitted to approve first DACA requests.
As long as the case is remanded to the Supreme Court, the judgment permits DACA recipients to maintain their DACA status, be shielded from deportation, and petition for extensions of their DACA and work authorization. Therefore, those who now have DACA should continue to renew their status; however, no new DACA applications are being accepted at this moment. More importantly, holders of DACA cannot receive ongoing security without congressional action. A person who is already under the DACA can keep renewing both their work permit and DACA application.
Reasons Why The DACA Program Is So Important
DACA program is the only help young immigrants have.
This program’s reasoning is simple to understand. Adults who cross borders unlawfully do it on their own volition. Young children do not. These kids were raised in America, growing up and making something of themselves, and this is often the way of life they remember. They studied and worked, established families and more. In many instances, they have developed into useful citizens who benefit their communities.
The program shields certain undocumented immigrants from deportation and allows them work permits, remains in place despite the latest verdict in the protracted legal battle over it. DACA is still in jeopardy despite the court’s judgment allowing it to temporarily continue along with work authorization.
Politicians must abide with the law, which restricts the way presidents can use their power. That is a valid argument against how the DACA was created. However, that is a criticism of the program’s implementation, not of its content. Protection for DACA recipients is just, humanitarian, and backed by the American public. Before the opposition gets into a position to overturn this program, Congress should take action to accomplish that exact goal.
A part of the program called Advanced Parole permits DACA recipients to travel abroad exclusively for business, school, or humanitarian reasons. The lower court examines the most recent regulation that the Biden administration put in place to protect the program from any legal challenges.