DACA 12 Years Later

This past weekend marked the 12th anniversary of the Deferred Action for Childhood Arrivals (DACA) policy.

The announcement from President Barack Obama happened on June 15, 2012, in the middle of an intense re-election campaign against Republican Mitt Romney. Back then, two years after the Dream Act failed to pass due to five Democratic senators who voted against it (see the receipts here), President Obama made remarks in the Rose Garden, noting at one point, “it makes no sense to expel talented young people, who, for all intents and purposes, are Americans —they’ve been raised as Americans; understand themselves to be part of this country— to expel these young people who want to staff our labs, or start new businesses, or defend our country simply because of the actions of their parents—or because of the inaction of politicians.”

DACA was seen as a significant yet imperfect political win by immigrant rights groups, especially for the growing undocumented youth movement that was still finding its political voice and power. Days before the June 15, 2012 announcement, undocumented youth occupied Obama campaign offices to protest deportation policies.

A June 17, 2012 story in The New York Times about the DACA announcement acknowledged that actions by undocumented youth played a pivotal role in changing Obama immigration policy.

That part of history will likely never be forgotten by those who were there 12 years ago.

Still Not Perfect

As with most high-profile immigration policy that has been covered by U.S. political media, there is always a tendency to simplify things. That leads to inaccurate information. DACA never gave permanent legal status to the hundreds of thousands of DREAMers, despite what extremist Republicans say.

The Department of Homeland Security (DHS) defines the policy as follows: “On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of 2 years, subject to renewal. They are also eligible to request work authorization. Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.”

It adds: “On Aug. 30, 2022, DHS published the DACA Final Rule, with the intent to preserve and fortify the DACA policy. This rule, which puts into effect regulations at 8 CFR 236.21-236.25, rescinds and replaces the DACA guidance set forth in the 2012 Memorandum issued by Secretary Napolitano.”

These are DACA’s current guidelines, also pulled from the DHS site:

A request for DACA may be granted only if USCIS [United States Citizenship and Immigration Services] determines in its sole discretion that you meet each of the following threshold criteria and merit a favorable exercise of discretion:

1. Were under the age of 31 as of June 15, 2012 (that is, you were born on or after June 16, 1981);

2. Came to the United States before reaching your 16th birthday;

3. Have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA;

4. Were physically present in the United States on June 15, 2012, and at the time of filing your request for DACA with USCIS;

5. Had no lawful immigration status on June 15, 2012, and at the time of filing your request for DACA, meaning that:

   • You never had a lawful immigration status on or before June 15, 2012, or

   • Any lawful immigration status or parole that you obtained had expired as of June 15, 2012, and

   • Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA;

6. Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the United States Coast Guard or armed forces of the United States; and

7. Have not been convicted of a felony, significant misdemeanor (that is, a misdemeanor as described in 8 CFR 236.22(b)(6)), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Currently, USCIS has the following information about who can renew for DACA. Initial requests cannot be granted due to current court challenges:

You may request DACA for the first time or renew your existing period of DACA if it is expiring. Please note: While a July 16, 2021 injunction (PDF, 401.59 KB) from the U.S. District Court for the Southern District of Texas, which was  affirmed by the U.S. Court of Appeals for the Fifth Circuit, and on Oct. 14, 2022 was extended by the district court to the DACA final rule, remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule.

The National Immigration Law Center, which maintains a page solely dedicated to DACA, says the folllowing:

As of May 3, 2024, first-time DACA applications continue to be blocked and cannot be processed as a result of a court order by a federal judge in the Southern District of Texas. However, individuals who have DACA (as of July 16, 2021), or whose DACA has lapsed for less than one year, can continue to apply for renewal of their DACA. U.S. Citizenship and Immigration Services (USCIS) recommends that you submit your completed DACA renewal application at least 150 days (5 months), but no later than 120 days (4 months), before your current DACA and work permit expire.

This May, the Biden administration extended health coverage to DACA recipients. Meanwhile, DACA advocates continue to share the successes and challenges of the policy.

12 Years Later

The political headlines over the weekend spoke of a DACA policy that is “on the ropes” (CBS News) and “on life support” (NBC News).

In the NBC News story by Suzanne Gamboa about DACA’s 12th anniversary, DACA recipients and allies are “sobered by the possibility that Republicans will succeed in their legal and political battle to end DACA. Donald Trump, who tried to end DACA and stopped new applications, could be re-elected president.”

“DACA recipients also recognize that they are outnumbered by the more than a million young immigrants who could have qualified for DACA, but have been denied because of Republican-led battles to end it and a halt on new DACA applications,” Gamboa added.

Still, 2023 polling from Data for Progress noted that “56% of voters support continuing the DACA program, including 80% of Democrats and 59% of Independents. DACA support is particularly high among Latino voters, with 73% expressing support for it.”

Data for Progress added that “a majority of voters (61%) would support lawmakers in Congress passing a bill to ensure DACA recipients have the opportunity to gain U.S. citizenship. This includes 79% of Democrats and 64% of Independents.”

In addition, a recent Pew poll noted that 85% Biden supporters believe “undocumented immigrants currently in the U.S. should be allowed to stay legally.”

DACA’s 12th anniversary is a backdrop to a CBS News report by Camilo Montoya-Galvez that the Biden administration is “making plans to announce one of the largest immigration relief programs in recent history, developing a policy that would offer legal status to hundreds of thousands of immigrants living in the country without proper documents.”

The program being considered, according to CBS News, “would offer work permits and deportation protections to unauthorized immigrants married to U.S. citizens, as long as they have lived in the U.S. for at least 10 years.”

As a result, we might be witnessing the Obama DACA immigration playbook being repeated with Biden in the middle of an intense re-election bid. Ever since his June 4 announcement to restrict the asylum process, Biden has been criticized by several allies, including the Congressional Hispanic Caucus and Latino civil rights organizations. Immigrant rights groups have already sued the administration.

Biden might defuse his latest immigration actions with a new proposed policy that will benefit undocumented immigrants. In 2012, Obama won 71% of the Latino vote, and the DACA policy move played a part in that electoral success, although by 2014, the immigration reform push was virtually non-existent, and the “deporter-in-chief” label had gone mainstream.

It is a risk for Biden, who still faces an immigration debate he and Democrats have already lost to Republicans, but it might be the bold move he needs. Let’s see if he does it.

What We’re Reading

The NYTimes ‘Discovers’ Puerto Rican Spanish: I am on the fence about why the Times would dedicate so much copy and attention to reggaetón’s popularity or why “language instructors say more people want to learn the island’s slick, swaggering version of Spanish.” But hey, let’s talk about it. Hit me up on Twitter or Threads if you have “thoughts.” (Story here.)

Milei, Argentina’s Genocide Denier: A strong June 10 story from the Buenos Aires Herald reports that the administration of Argentina President Javier Milei has slowly begun dismantling the country’s memory policies, “which aim to commemorate and seek justice for victims of the country’s last dictatorship.” (Story here.)