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Bipartisan Legislation for DACA
Contributor: Van T. Doan
DACA stands for “Deferred Action for Childhood Arrivals,” and the policy, established during the Obama presidential administration, protects hundreds of thousands of young people who were brought to the United States unlawfully as minors, some as infants. DACA recipients, commonly referred to as Dreamers, do not have an official legal status in the United States, nor do they have a path to citizenship through DACA. However, the policy protects them from removal and allows them to apply for a Social Security number, driver license, and work authorization.
The program survived attempts to dismantle it during the Trump administration, and in 2022, a federal judge ruled that DACA can continue on a temporary basis for existing recipients, but that new applicants would be unable to apply. In October 2022, President Biden made efforts to strengthen and preserve the DACA program. However, individuals whose initial DACA requests were not approved prior to July 16, 2021 are still unable to apply for DACA protection.
The Dream Act of 2023
In an era in which bipartisan collaboration is increasingly rare, Senators Dick Durbin, a Democrat from Illinois, and Lindsey Graham, a Republican from South Carolina, introduced the Dream Act of 2023 (S. 365). The proposed legislation introduced in the U.S. Senate on February 9, 2023, would give nearly two million eligible Dreamers, including current program recipients, permanent protections. They would be able to live and work in the United States indefinitely.
In order to get a green card, eligible undocumented individuals would need to:
- Show that they were brought to the United States at the age of 17 or younger
- Prove that they have lived continuously in the United States for at least four years prior to the Dream Act of 2023 becoming law
- Pass a government background check
- Demonstrate “good moral character,” with no felony convictions and without multiple convictions of misdemeanors
- Submit biometric and biographic data
- Undergo biometric and medical examinations
- Show that they have been admitted to a university or college, have earned a high school diploma, or are in the process of earning a high school diploma or GED
- Pay an application fee
Qualifying DACA recipients who continue to meet the requirements for the program would be automatically granted conditional permanent resident status. Upon the meeting of additional conditions listed below, the conditional status could be changed to lawful permanent resident status:
- Maintain continuous residence in the United States
- Complete certain requirements for either higher education, military service, or employment
- Demonstrate ability to read, write, and speak English and a fundamental knowledge of U.S. history and government
- Continue to demonstrate good moral character without disqualifying criminal conditions and pass a government background check
- Submit required biometric and biographic data
- Undergo a biometric and medical examination
- Pay an application fee
A program participant who commits a serious crime or fails to fulfill other required conditions may not become eligible for lawful permanent residency in the United States.
What Would Passage of the Dream Act of 2023 Mean?
For Dreamers, passage of the Dream Act of 2023 would offer a path to citizenship in the country that many of them have always considered home. It would eliminate the fear that the termination of the DACA program could force them to abandon the life they have built in the only home they have ever known. For many Dreamers, removal from the United States would mean returning to a “home country” they barely remember, where they have no connections or resources.
If the Dream Act becomes law, by contrast, Dreamers who qualify would be like any other lawful permanent resident: able to live, work, and plan a future in the United States, and travel outside the United States for extended periods without fear for their status.
The passage of the Dream Act would not just benefit undocumented young people brought to this country as children. It would benefit the U.S. economy as a whole. It has been estimated that if the current DACA program were terminated the United States would lose 22,000 workers every single month for two years—nearly 1,000 every business day. With workforce shortages already stressing many companies and industries, that would be devastating.
What is the Status of the DREAM Act of 2023?
Unfortunately, the DREAM Act of 2023 is still just that—a dream. While previous versions passed the House of Representatives in 2010 and 2019, the current iteration of the bill was not voted on in the U.S. Senate. As a result, young undocumented people brought to this country as minors remain in a difficult position, especially if they have been unable to apply for and receive DACA.
If you are undocumented and concerned about your ability to remain in the United States, speaking with an experienced immigration attorney can help you understand your options. Contact our law office to schedule a consultation.
Categories: Immigration Law