According to the PEW Research Center, over 200.000 US college students are undocumented immigrants. Some of these students qualify for DACA and some don’t.
Those who have received DACA protections have nothing to fear from Immigration and Customs Enforcement (ICE), the primary US immigration enforcement agency. It is the undocumented students who do have something to fear, however, that have motivated the sanctuary campus movement.
Considering the negative stereotypes associated with undocumented immigrants that prevail throughout large swaths of American society, many people would be surprised that just about half of all undocumented immigrants between the ages of 18 and 24 have attended college or university at some point.
This figure is only marginally lower than the 71 percent attendance rate of US students in the same age group.
What is a Sanctuary Campus?
The term “sanctuary campus”, inspired by the sanctuary city movement, refers to any college or university that implements policies to protect students and/or faculty who are undocumented immigrants.
Following are some of the policies that have been proposed or actually implemented by self-described sanctuary campuses or other immigrant-friendly campuses:
- Barring ICE officers from campus unless they possess a valid warrant.
- Instructing campus police not to enforce immigration law against members of the campus community;
- Refusing to share information about faculty or students’ immigration status with ICE absent a court order; and
- Implementing a “don’t ask, don’t tell” policy on student or faculty immigration status.
The American Association of University Professors has endorsed the sanctuary campus movement.
Self-Declared Sanctuary Campuses
The following colleges and universities have either declared themselves sanctuary campuses or have taken public stances that identify them as the functional equivalent of sanctuary campuses:
- California State University
- Connecticut College
- Drake University
- Iowa State University
- Pitzer College
- Portland State University
- Reed College
- Rutgers
- Santa Fe Community College
- Swarthmore College
- University of Pennsylvania
- Wesleyan University
Many more colleges and universities have expressed support for policies that are supportive of undocumented immigrants, whether or not they are DACA-eligible, and the general attitude on most campuses is friendly and supportive of undocumented immigrants.
Frequently Asked Questions (FAQs)
Do sanctuary campuses risk their federal funding by defying the federal government on immigration issues?
Generally not, because the actions of sanctuary campuses do not conflict with their legal obligations. It is no federal offense, for example, to refuse admission to ICE officers without a warrant.
It is always possible that the Trump administration will attempt to impose additional burdens upon schools; however, there are constitutional limits on what can be demanded.
Are schools required to share information on student immigration status with immigration authorities?
The federal Family Educational Rights and Privacy Act (FERPA) protects the privacy of student information. FERPA prevents schools from releasing information about student immigration status to ICE or any other government agency without a court order or subpoena.
FERPA’s protections are not absolute, however. Schools have certain information-sharing obligations under programs such as the Student and Exchange Visitor Program (SEVP).
Participants in these programs, however, typically entered the US on visas, although they may no longer qualify for the visas they entered on.
Does ICE need the warrant to conduct law enforcement activities on college or university campuses?
Yes, they do in most cases. Warrants can be easy or difficult to obtain, depending on the students’ “reasonable expectation of privacy” in the area that ICE officials seek to enter. Searching a student’s dorm room would require much stranger justification, for example, then walking through an outdoor campus commons area. There are also exceptions, such as the “hot pursuit” exception”, in which ICE officers do not need a warrant.
Read more about how the supreme court supports DACA Dreamer.
The Deferred Action on Childhood Arrivals (DACA) program allows its beneficiaries to avoid deportation and receive work permits on a temporary basis, subject to renewal every two years. It is an uncertain status because it can be canceled, at least with respect to new applications at any time.
If you currently enjoy DACA status and wish to file for renewal, you need to gather certain documents and perform certain tasks. Complications might arise if your initial DACA status had already expired before you submit your renewal application, although a late filing will not necessarily doom your renewal application. Speak to an experienced immigration lawyer if you have any doubts.
Eligibility for Renewal
A current DACA beneficiary may renew their status for another two years by filing the appropriate paperwork, as long as you still meet the initial guidelines and the following requirements:
- You did not leave the US any time after August 14th, 2012 without first obtaining advance parole;
- You have resided in the United States continuously since the submission of your last DACA request (initial DACA status or renewal);.
- You have not been charged with (i) a felony (ii) a serious misdemeanor or (iii) multiple minor misdemeanors.
- You pose no threat to national security or public safety.
Required Documents
To assemble your DACA renewal application, you will need to gather the following documents:
- USCIS Form I-821D, from USCIS, the basic DACA application form;
- USCIS Form I-765WS, which the USCIS uses to determine whether you have an economic need to work (this might be cast into doubt if you are a minor living with your parents, for example);
- USCIS Form I-765, application for a work permit;
- USCIS Form G-1145, a request for electronic notification if your petition is successful (optional);
- A cover letter;
- photocopies of both sides of your work permit;
- photocopies of any supporting evidence of a previous DACA approval;
- photocopy of your initial DACA application;
- photocopy of any previous DACA renewal application(s);
- Two passport-sized photos;
- The filing fee ($495 at the time of this writing), in the form of a money order, made out to the U.S. Department of Homeland Security; and
- A photocopy of your entire DACA renewal packet for your own records and for your next renewal application;
All forms must be completed and signed in black ink. You will need to send the entire application package, excluding the photocopies you prepared for your own files, to the appropriate USCIS service center in California, Nebraska, or Vermont, depending on where you live.
Pitfalls for the Unwary
- A late application. Given the uncertainty of the DACA program, you may want to renew it as early as possible. Considering the current political turmoil over DACA, you may need to consult with an immigration attorney on the timing of your renewal application.
- Using an outdated form from the previous year. You will need to download the up-to-date versions found on the USCIS website, the page dedicated to DACA renewal.
- Failing to read or follow the instructions for the forms. Most applications come with their own instructions that will tell you how to complete them (even the instructions include certain ambiguities, unfortunately).
- Failing to seek the advice of an experienced immigration attorney to help you with your application.
Making It Easy for the USCIS: Writing Your Cover Letter
Details matter and you can significantly improve your odds of approval by carefully organizing your application packet in a manner that makes it easy for a USCIS officer to read and quickly locate what he needs. Page 1 of your application should be a cover letter addressed to the USCIS.
Your cover letter should clearly explain what you are seeking (DACA renewal) and include a table of contents. Check with an experienced immigration lawyer for anything else you might want to include. Your cover letter should be completely free of grammatical or spelling errors, even if you are not a native English speaker.
In June 18, 2020, the Supreme Court rejected the Trump administration’s decision to terminate the Deferred Action on Childhood Arrivals (DACA) program. Due to the importance of this program and the grounds of the Supreme Court decision, some explanations are appropriate in order to prevent misunderstanding of the legal impact of this decision, especially as it applies to decisions that you may have to make.
Frequently Asked Questions (FAQs)
Does the Supreme Court’s DACA decision obligate the Trump Administration to continue offering DACA benefits indefinitely?
No, it doesn’t. The Supreme Court’s DACA decision was based on procedural grounds. All of the justices agreed that the Trump administration has the authority to rescind DACA, as long as it follows proper procedures to demonstrate that its decision was not arbitrary.
DACA was originally initiated by the Obama administration via executive order. Because DACA is an executive order, not a Congressional statute, the chief executive (the President) has the authority to reverse it at any time, even if it was originally issued by his predecessor. This is what gives the Trump administration the legal right to rescind DACA.
Can the Trump administration try again to rescind DACA?
Yes, it can, unfortunately. Moreover, its rescission will probably withstand any further Supreme Court scrutiny, as long as the administration repairs the procedural problems that led the Supreme Court to reject the rescission in the first place.
Repairing these procedural defects should be well within the capabilities of the President’s legal team. Furthermore, President Trump himself has indicated that he will try again to rescind DACA.
I currently enjoy DACA benefits. When should I file my renewal application?
If your status expires within the next eight months, you should submit a renewal application (USCIS Form I-821D) as soon as you can. Otherwise, speak with a qualified immigration attorney.
I currently enjoy DACA benefits, and I submitted a renewal application. In light of the recent Supreme Court Decision, do I need to do anything more to obtain the renewal?
No, there is nothing more you need to do unless you receive a Request for Evidence (RFE) from the USCIS. Although renewal applications are supposed to typically take about three months to process, they can take much longer to process.
I do not have DACA, but I would have been eligible if the program had not ended in 2017. In light of the Supreme Court’s June 2020 decision, can I apply for DACA now?
Although you should be able to apply for DACA on the basis of the Supreme Court decision, it would be best to act promptly. Since the Trump administration has announced its intention to try again to rescind DACA, the fate of your application will be particularly uncertain if you have never had DACA at any time in the past.
How much is the DACA renewal application fee?
The current fee is $495. Be advised that this amount is subject to revision at any time and that if it is revised, it will probably be revised upward. The Trump administration has proposed raising the renewal fee to $765.
I previously enjoyed DACA benefits, but my status expired after I failed to file a renewal application. Can I renew my status now?
Yes, you can. The exact process, however, will depend on how long ago your status expired. If it has been less than a year, you can file a basic application. If it has been more than a year, you can file a new application, which will require you to include all of the information that was included in your original DACA application.
I previously enjoyed DACA benefits, but my renewal application was denied. Would it be worth it for me to try again?
It all depends on the grounds for the denial of your renewal application. If your application was denied because you were convicted of a serious criminal offense, for example, a second renewal application will likely fail.
If your denial was based on a technicality, such as failure to include a necessary document that you have access to now, then you should definitely apply to renew your status.
DACA Renewal Processing Delays
Reports abound of significant delays in the processing of DACA renew applications, to the point that a lawsuit has been filed over the issue. Currently, DACA renewal applications are being handled by three USCIS service centers.– the California Service Center, the Nebraska Service Center, and the Vermont Service Centers. Processing times vary significantly among these service centers. The California Service Center is currently by far the slowest.
You can check your case status online. You will need the receipt number for your DACA application or your employment authorization application, which you should have received soon after you submitted your application for renewal. Check your status regularly.
Curious about DACA, its protections, and how DACA recipients contribute to the U.S economy? We cover everything you need to know below. Read on!
What is DACA?
DACA (Dream and Promise Act) stands for Deferred Action for Childhood Arrivals. With DACA, undocumented immigrants who were brought to the US as childhood arrivals receives the following:
- Renewable two-year deferred action from deportation; and
- Eligibility for a work authorization in the United States.
While DACA doesn’t lead to citizenship, these undocumented immigrants, known as DREAMers, have had success in the program. Wages, employment status, and mental health has improved greatly for DREAMers.
DACA protections last for two years, and can be renewed after.
Who Are DACA Recipients?
DACA recipients are young, undocumented immigrants who entered the United States unlawfully before their 16th birthday.
Why Young, Undocumented Immigrants?
Young, undocumented immigrants basically have their lives in limbo.
Once documented and under DACA status, however, new opportunities open up for them. Jobs, spaces, and higher education are more probable for them to access.
As a result, economic growth happens in the US.
Are You Eligible for DACA?
DACA recipients’ eligibility is as follows:
- Must have entered the United States unlawfully before their 16th birthday
- Must have been born on June 16, 1981, or later
- Must have been below the age of 31 on June 15, 2012.
- Must have been in the United States by June 15, 2012
- Must have been physically present during their consideration for deferred action in DACA with the US citizenship and immigration services
- Must have obtained a high school diploma or GED
- Must have been honorably discharged from armed forces
- Must have not been convicted of a felony or misdemeanors
If you fulfill the requirements above, then yes, you’re part of the DACA-eligible individuals!
DACA’s Economic Contributions to the U.S Economy
The approximate active DACA recipients stand at 600,000, while DACA-eligible recipients remain at over a million.
The economic and fiscal impact of this number can’t be underestimated, but we’re here to outline Dreamers economic contributions one by one:
#1 Earnings and Earning Potential
DACA recipients tend to be of working age. If not, most of them will reach working age within a few years at most.
Many of the younger DACA-eligible immigrants are enrolled in school, indicating that they have yet to reach their full earning potential.
Nevertheless, by 2017, over 93 percent of DACA-eligible immigrants were employed.
Their economic impact has a major effect to the only country that they recognize as their home.
According to the New American Economy Research Fund, DACA-eligible immigrants collectively earn more than $20 billion per year, most of which is either paid out in federal taxes or spent in the US economy.
This amount almost certainly understate the significant contributions these people would make if their status was stabilized by supportive Congressional legislation.
DREAMers in Essential Industries
About 45 percent of DACA-eligible immigrants — more than half a million people— work in in essential industries. This rate is more than twice as high as the US population as a whole.
Here are the numbers of DACA-eligible young people in essential industries:
- Over 60,000 in healthcare, including about 24,000 who work in hospitals. Over 13,000 work as health aides; another 10,000 work as nurses and over 6,000 work as medical assistants. Many are fighting on the front lines of the Covid-19 pandemic.
- Over 160,000 work in essential food and restaurant services.
- Over 20,000 work in supermarkets.
- Around 14,000 work in agriculture, helping to guarantee the nation’’s food supply.
- Over 100,000 work in the construction industry.
The economic impacts of their contribution as essential workers is vast.
Entrepreneurship and Job Creation
Previous research, including a nationwide survey, found that among DACA recipients (people who have registered for DACA), about five percent started their own business after receiving DACA benefits.
This number climbs to eight percent among DACA recipients who are 25 years and older. Since many of these new DACA businesses employ American workers, it might be fruitful to compare these figures with the three percent entrepreneurship rate among the US population as a whole.
Increased Purchasing Power
Over 60 percent of US jobs are in the service sector, according to the Bureau of Labor Statistics The retail, healthcare, and hospitality sectors combined provide over 135 million jobs. The service-oriented nature of the US economy means that a strong consumer base is a critical element of national prosperity.
Due to their sheer numbers as well as their presence in the US, DACA-eligible immigrants are an important part of the consumer base of the US economy.
DACA-eligible immigrants collectively possess substantial spending power in terms of discretionary income, or how much income is left over after paying taxes.
DACA-eligible immigrants enjoyed over $19 billion in spending power in 2017. That number continues to grow, as young DACA-eligible immigrants graduate from school and enter the workforce.
Tax Contributions of DACA-Eligible Workers
DACA-eligible immigrants pay over $2 billion dollars in taxes to the federal government, in addition to almost that much in state and local taxes. These taxes are used to fund public schools, police forces, sanitation services and other vital functions.
Despite their significant tax contributions, DACA-eligible immigrants do not use many public services, if for no reason other than the fact that they are ineligible for most of them. DACA-eligible immigrants are ineligible for the following public benefits, regardless of whether they have registered for DACA benefits:
- Supplemental Nutrition Assistance Program (“food stamps”);
- Temporary Assistance for Needy Families (“welfare”);
- Health insurance purchased on Affordable Care Act (“Obamacare”) marketplaces;
- Federal student aid;
- In-state tuition (in most states);
- Non-emergency Medicaid benefits; and
- Social Security Supplemental Income (SSI).
Rescinding DACA Will Harm the US Economy
High employment rates, high tax contributions and minimal use of public benefits mean that DACA-eligible immigrants contribute much more than they take from the US economy — and that the US economy would suffer from the loss of the services they provide.
Things to Remember About DACA in 2022
#1 You Can No Longer Be a First Time-Applicant
First-time applicants are currently barred from applying to the DACA program! You may use the following information if you’re renewing, but until the DACA program ruling is changed, first-time applicants will not be considered.
Why Did This Happen?
A federal judge in Texas is the main actor in repealing DACA in the Biden administration.
However, this isn’t the first time new DACA recipients were barred from the program. The DACA was first started by the Obama administration, but the Trump administration stopped new applications.
A federal government judge renewed the DACA program in 2020 after the Trump administration barred it, but it was, as we mentioned, repealed recently by a Texan judge.
You’re considered one of the current DACA recipients if your application was approved before July 16, 2021. You can still renew as well.
The Department of Homeland Security can also still accept initial DACA filings, but will not be able to approve it.
To date, there has been widespread support regarding the reinstatement of DACA from organizations, activists, and politicians.
The National Immigration Law Center, Immigrant Legal Resource Center and Migration Policy Institute regularly conducts studies and surveys regarding DACA recipients. Some statistic include at least one parent of over 250,000 residences being a DACA recipient.
However, it has been found that the amount of DACA recipients are still lacking – only three percent of Chinese nationals, for example, held DACA status among those eligible. More work must be done to create permanent protection for DACA recipients.
#2 You Can Renew Your DACA Certification
Congratulations – you’re here to renew your DACA recipient status! To do so, simply follow these steps:
#1 Make Sure You Meet Eligibility Conditions
To be eligible for a DACA renewal, you must have stayed in the United States since your most recent DACA request. You must not have been convicted of a felony or misdemeanor. You must also not have left the US by or after the 15th of August, 2012, without advance parole.
#2 Complete Two Forms and additional documents
You have to complete and submit the following:
- Form I-821D – Consideration of Deferred Action for Childhood Arrivals Program form
- Form I-765 – Application for employment authorization
- The USCIS Form I-765W worksheet
If it applies, you should also supply the following additional documents:
- Removal proceedings or criminal history previously not submitted to the USCIS
- Proof of advanced parole if you’ve traveled outside of the United States
- Proof of any legal name change done before the renewal
To avoid processing delays, respond to evidence requests and submit all these additional documents in time.
#3 Pay the Fee
A renewal fee of $495 must be paid.
Now, all you have to do is wait as the USCIS processes your request within 120 days!
#3 There Are Only Certain States Where Medicaid Is Available
DACA eligibility for Medicaid is not on the national level just yet. Instead, only the active DACA recipients in Minnesota, California, and New York can apply for Medicaid.
#4 DACA Beneficiaries Are Not Lawful Citizens
Despite the protection that the DACA eligible population enjoys, the program itself doesn’t make DACA recipients lawful permanent residents or U.S citizens.
However, there may be a path for DACA recipients to hold a green card. DACA recipients can enjoy the economic benefits of becoming a U.S citizen through marriage-based green cards.
#5 You Have to Apply for Authorization to Travel
The Deferred Action for Childhood Arrivals Program recipients can apply for something called the Advance Parole. The Advanced Parole is essentially a way for DACA recipients to travel abroad for specific reasons, mainly education, employment or work authorization, or humanitarian purposes.
Due to their legal status, DACA recipients cannot travel abroad for vacations.
#6 DACA Students Cannot Apply for Financial Aid
Federal financial aid is unfortunately not within the DACA recipients’ protections. However, some states may allow DACA recipients to receive local or state-wide financial aid.
Why We Shouldn’t Be Ending DACA
DACA is essential to American progress and the American economy.
The Loss is Unimaginable
According to the CATO institute, more than $60 billion may be lost if DACA recipients are deported. Removing DACA recipients from the program only worsens both local economies and the nation at large. The economic impact is worse: economic growth will go down by nearly $300 billion.
They pay more than $2 billion in tax revenue alone.
The Benefits Provided Shouldn’t Be Taken Away
After calls to pass legislation to provide DACA protection, more than 800,000 young adults seize the opportunity to seek education, housing, employment, and businesses.
These benefits mean the world to DACA recipients. Just the temporary protection will allow them to make Dreamers’ citizen children and families day-to-day living easier, allowing them to make rental payments annually, manage mortgage payments, and directly contribute to American progress.
Their Contribution to the U.S Gross Domestic Product Must Be Recognized
If DACA’s permanent protections are eliminated, the U.S would lose Dreamers’ contributions of nearly $460 billion to our GDP.
In Conclusion
Dreamers, despite the lack of immigrant legal status, contribute a lot to American economy.
We hope this article shed some light on DACA, its recipients, and their contributions. Contact us here for more information.
See you in the next article!
The Development, Relief, and Education for Alien Minors Act, popularly known as the DREAM Act, is a proposed federal statute that was first drafted in 2001.
The Act, which has never been passed by Congress, is designed to protect undocumented immigrants who first came to the United States as children.
Most of the people targeted for relief under the DREAM Act were not at all responsible for their initial entry into the US — in fact, the vast majority were in the custody of their parents at the time of their entry.
Many have never been to their native countries, and some of them do not even speak the native languages of the countries they emigrated from. Public opinion polls consistently show that a majority of Americans support the DREAM Act.
What the Dream Act is Designed to Do
The DREAM Act was originally an attempt to respond to the state of affairs as it existed in 2001 — childhood arrivals to the US could not work legally, and they were subject to deportation and a bar to re-entry to the United States at any time.
The DREAM Act, if passed by Congress, would legalize the presence of these people in the US, and it would even provide a path to eventual permanent residency and citizenship.
The DACA Band-Aid
Although the Dream Act was passed by the House of Representatives in 2010, it failed in the Senate. After it failed to pass the Senate once again in 2011, President Obama issued an executive order known as Deferred Action on Childhood Arrivals (DACA).
DACA is essentially a watered-down version of the DREAM Act. Following are some of its strengths and weaknesses:
- It allows certain childhood arrivals who register for the program to avoid deportation for two years, and beneficiaries can continue to receive two-year extensions indefinitely.
- It allows successful registrants to obtain a work permit, renewable for successive two-year extensions.
- It does not include any path to permanent residency or citizenship.
- There is no guarantee that a DACA beneficiary will be granted an extension. In other words, no DACA beneficiary is ever more than two years away from potential deportation proceedings.
- It is an executive order rather than a statute, which means it can be revoked by the President at any time — not just President Obama, but any President who happens to be in office.
Trump Administration Immigration Policies Reignite Interest in the Dream Act
The Obama administration issued the DACA executive order, and President Trump attempted to revoke it. This attempt, however, was defeated by the US Supreme Court on procedural grounds.
Unfortunately for those who live under the umbrella of its protection, the Trump administration has announced its intention to try again to revoke it. Due to the nature of the Supreme Court’s procedural objections, it appears that the second attempt is likely to succeed.
DACA beneficiaries, however, have two reasons for hope:
- President Trump could lose the November 2020 elections, and the new President could issue a new executive order that is similar to DACA.
- Congress could pass the DREAM Act. This is a real possibility if a Democratic Congress comes to power in the November elections.
Features of the DREAM Act
Although the DREAM Act has been revised many times since 2001, and it may very well be revised again before it is finally passed, beneficiaries of the DREAM Act will probably have to meet the following requirements to be granted conditional status:
- You must register in order to obtain the benefit of the legislation — in other words, its benefits are not automatic.
- You must be inadmissible, deportable, or subject to Temporary Protected Status;
- You must have been younger than 18 when you first entered the US;
- You must have resided in the US for at least four years in a row after your initial arrival;
- You must be between 12 and 35 years of age at the time the DREAM Act is passed;
- You must meet certain educational requirements (a high school diploma, a GED, or admission to a college or university); and
- You must demonstrate good moral character and pass criminal background checks.
Permanent Residence
Once you achieve conditional status, you will have six more years to “graduate” to permanent residence status. To obtain permanent residence, you must either:
- Graduate from a two-year community college;
- Complete two years of study towards a four-year college or university degree; or
- Serve at least two years in the US military.
During this period, you will be eligible to apply for work-study programs and higher education grants.
Once you successfully complete the requirements, you will be granted a “green card”, and you will eventually be eligible to apply for US citizenship.
Contents
- Introduction
- What is DACA?
- Eligibility Requirements
- DACA Benefits and Texas v. United States
- The DHS Misinterpretation of Texas v. United States
- The Empire Strikes Back: Trump Says He’ll Try Again
- If DACA Ends: What Happens Next
- Driver’s Licenses
- Access to Higher Education
- A Climate of Fear
- Why DACA Needs to be Retained — and Why the Trump Administration Needs an Attitude Adjustment
- The Immense Economic Contributions of DACA ‘Dreamers’
- Immigration: Making America Great Again
- Dispelling the “Immigrants Cause Crime” Lie
- Surprising Fact: Immigration Helps Ease the Federal Budget Deficit
- Unintended Consequences of an Anti-Immigration Sentiment: The Negative Effect on Social Security and Medicare
- Immigration Economics: A Large and Diverse Workforce Benefits Everyone
- How to Protect the DACA Dreamers
- What Congress Can Do: Pass the DREAM Act
- What States Can Do

Introduction
On June 18, 2020, the Supreme Court of the United States issued its ruling in Department of Homeland Security v. Regents of the University of California, which declared that the Trump administration’s rescission of the Obama-era Deferred Action on Childhood Arrivals (DACA) program was an arbitrary and capricious abuse of its authority under the Administrative Procedure Act (APA). The 5-4 vote couldn’t have been narrower.
For now, anyway, the decision protects about 700,000 DACA immigrants from deportation, approximately equal to the population of Washington, D.C. These DACA “dreamers” (as the popular press refers to them) can also continue to work legally in the US, and they can renew their DACA status when it expires.
The fragility of the Supreme Court’s legal reasoning, however, has left storm clouds gathering over the future of every DACA dreamer.

What is DACA?
DACA was originally crafted in response to a moral dilemma — many immigrants who were considered unlawfully present in the US had come as children in the custody of their parents. Some do not speak their home country’s native language, and some have no memories of their early life there.
Why should these people, who had no choice about their initial entry into the US, be deported to a country that they might be completely unfamiliar with?
To be sure, DACA was purely a stopgap measure. It did not offer a path to permanent residency or citizenship — instead, it provided temporary relief from deportation proceedings as well as permission to work legally in the US. DACA expires every two years unless it is renewed, which renders DACA dreamers extremely vulnerable to shifting political winds.

Eligibility Requirements
To be eligible for DACA protections, you must meet the following qualifications:
- You were no older than 30 years old as of June 15, 2012;
- You were under 16 when you first arrived in the US;
- You have lived continuously in the US since June 15, 2007;
- You were physically present in the US on June 15, 2012, and on the date that you applied for DACA benefits;
- You came to the US as an undocumented immigrant before June 15, 2012, or your lawful presence in the US had already expired by June 15, 2012;
- You are either a current student, a high school graduate (including GED or a technical/trade school graduate), or you have been granted an honorable discharge from the military or the Coast Guard.; and
- You have never been convicted of a serious crime. Remember that all felonies and certain misdemeanors constitute serious crimes — even a first-offense DUI can disqualify you, and so can three misdemeanors of any sort.
In a nutshell, DACA dreamers are not like other undocumented migrants — they have been vetted by US immigration authorities, and they have met certain standards, such as lack of a serious criminal record.

DACA Benefits and Texas v. United States
The dispute that underlies the Department of Homeland Security v. Regents of the University of California arose because the Department of Homeland Security attempted to rescind DACA based on the reasoning contained in a federal court decision in Texas v. The United States.
Although this case is a decision issued by the Fifth Circuit Court of Appeals, with jurisdiction over only a few southern states, it remains the law (at least within the Fifth Circuit) because the Supreme Court has so far failed to overrule the decision.
If the DHS rescinds DACA, it must demonstrate a rational basis for doing so. The Supreme Court does not have to agree with the reasoning advanced by the DHS, because the DHS enjoys discretionary authority on DACA matters. The DHS must simply demonstrate that its decision (i) is not arbitrary or capricious, and (ii) is not based on an obvious misinterpretation of settled law.
The DHS Misinterpretation of Texas v. United States
The main reason why the Supreme Court overruled the Department of Homeland Security’s rescission of DACA is that it concluded that it was based on a misunderstanding of the legal implications of Texas v. The United States.
In that case, the court ruled that DACA recipients can be legally denied many of the benefits that US citizens and many immigrants enjoy, such as Medicare, federal student aid, and work authorization.
The reasoning advanced by the DHS that triggered Supreme Court scrutiny was that since DACA recipients can be legally denied these benefits, they have no right to reside in the US and are therefore deportable.
The fact that the US Supreme Court disagreed with the DHS on the impact of Texas v. United States on DACA dreamers’ residence status in the United States does not prevent the DHS from trying again by challenging DACA based on different reasoning.

The Empire Strikes Back: Trump Says He’ll Try Again
President Trump has made it clear that he will try again to rescind DACA. As he wrote on June 19, 2020, “We will be submitting enhanced papers shortly in order to properly fulfil[sic] the Supreme Court’s ruling & request of yesterday.”
Under the circumstances, it would be easy for White House lawyers to redraft the challenge to DACA to render it compliant with Supreme Court demands — which would mean the end of DACA, at least while Trump remains in office.

If DACA Ends: What Happens Next
If the Trump administration rescinds DACA, we are not going to see 700,000 people leave the US all at once. Nevertheless, the consequences will be far-reaching. Some of the most obvious immediate changes are described below.
Driver’s Licenses
All 50 states allow DACA recipients to hold driver’s licenses, including the 38 states that don’t issue driver’s licenses to illegal immigrants who lack DACA protections. If DACA ends, DACA dreamers in 38 of the nation’s states might find themselves unable to drive legally.
Lack of access to driving privileges likely means a lack of access to gainful employment. It can also mean a lack of access to domestic flights since DACA dreamers wouldn’t dare use their passports.
Access to Higher Education
If DACA is rescinded, DACA recipients would no longer be considered legally present in the United States. Currently, DACA recipients can access higher education at in-state tuition rates in 20 states, provided that they establish state residency on the same terms as US citizens.
If DACA is rescinded, this number might drop to zero. In fact, in some states, DACA recipients would likely be banned from public universities altogether.
A Climate of Fear
Imagine that a former DACA recipient, present in the US since she was four years old, becomes seriously ill but is reluctant to go to the hospital because she fears deportation to a country that she can barely remember and whose language she cannot speak.
Even if it is not true that the hospital would report her to immigration authorities, her fear alone could prevent her from seeking needed medical assistance. And if she turns out to have contracted a contagious disease, she could spread it to others.

Why DACA Needs to be Retained — and Why the Trump Administration Needs an Attitude Adjustment?
DACA, as well as immigration reform in general, is good for the economic and social fiber of the country. The diversity, talent, and social integration that immigration brings are powerful drivers of economic growth, and they have been America’s “secret sauce” from even before the Constitution was written. Immigration, more than anything else, is what made America happen.
The Immense Economic Contributions of DACA ‘Dreamers’
Think of countries like Japan and Russia, where the general population, as well as the labor force, shrink year after year, resulting in economic stagnation with no end in sight. Japan in particular has been in the economic doldrums for a generation now. Meanwhile, even China is facing a demographic crisis for the same reasons — an aging population and a shrinking labor force.
But this is not so much the case in the USA, despite the declining birth rate among native-born citizens and the ongoing retirement of the Baby Boom generation. The reason for our economic resiliency couldn’t be clearer — immigration keeps our labor force growing and our economy vibrant (at least while no virus pandemic is stalking the land).
The youthful demographics of most of our immigrants offset the aging of our native-born workforce in a way that non-immigration countries cannot hope to match. Indeed, even the Congressional Budget Office (CBO) admits that the aging of the US workforce is responsible for 70 percent of the decline in potential economic growth.
The CBO also concludes that the efforts of America’s “dreamers” contribute tens of billions of dollars to the US economy. If DACA ends, the US economy will lose billions of dollars, and industries such as restaurants, construction, hospitals, retail outlets, technology, education, and design will all feel the pinch in a big way.

Immigration: Making America Great Again
The issues at stake are far broader than DACA. Indeed, they go straight to the heart of America’s soul. Other than the idea of liberty, there has been no greater contribution to the American identity, and our astonishing accomplishments as a nation in only 250 years of existence, than our acceptance of immigrants.
Unlike almost every other country in the world, the US has never been conceived of as a family bound by blood, but as a community built on an idea — the idea of liberty. And the idea of liberty includes the commitment to an open society that welcomes outsiders. Arguably, no idea has worked better in the entirety of human history. We turn our backs on it at our peril.
Dispelling the “Immigrants Cause Crime” Lie
The myth that immigration increases the nation’s crime rate is utterly unfounded. These days, it is propagated by an administration that stokes fears of Mexican rapists and Middle Eastern terrorists, as well as sensationalist news outlets with political axes to grind who prominently report the relatively few crimes committed by immigrants while ignoring the vast majority of immigrants who are productive and law-abiding.
Consider incarceration rates, for example, since they are a relatively accurate barometer of the prevalence of serious crime among a particular group:
- 1.53% for native-born Americans;
- 0.85% for undocumented immigrants; and
- 0.47% for legal immigrants.
In other words, the truth is the precise opposite of what the fear mongers say it is.
Surprising Fact: Immigration Helps Ease the Federal Budget Deficit
There is a falsehood floating around many sectors of society that the consumption of public assistance resources by foreign-born people outweighs their work-based contributions. As a consequence, so the reasoning goes, our Social Security and Medicare systems will go bankrupt and our elderly will become destitute because we welcome immigrants. This assertion is untrue for a number of reasons.
One of these reasons that this assertion is untrue is that many non-citizens are ineligible for most public assistance programs.
Moreover, undocumented migrants are often afraid to apply for the few public assistance benefits that are available to them, out of fear of revealing their presence in the US to immigration authorities who could incarcerate or deport them. They may pay Social Security taxes without ever collecting benefits, for example.
Unintended Consequences of an Anti-Immigration Sentiment: The Negative Effect on Social Security and Medicare
The retirement of the Baby Boom generation is a phenomenon that is already in progress — 345,000 baby boomers leave the workforce every month. Since the Baby Boom generation was the largest generation in American history, their retirement means a huge influx of US citizens into government entitlement programs as Social Security and Medicare, both of which are predicted to enter insolvency as early as 2021.
Meanwhile, new contributions to these entitlement programs will be the responsibility of the much smaller Generation X and Millennial generations. Without new additions to the labor force, the situation will further deteriorate. The obvious solution to this dilemma is to import new workers from abroad.
Not only the possible rescission of DACA, but the entire anti-immigrant climate that prevails throughout much of the federal government is likely to put America’s senior citizens — and perhaps the rest of the country — into economic crisis as safety nets begin to fail.
Immigration Economics: A Large and Diverse Workforce Benefits Everyone
History, as well as extensive economic research, has proven time and time again that a larger and more diverse population results in more efficient exploitation of available resources and a more sophisticated division of labor.
Most US economists agree that even low-skilled immigration increases income for the average American worker. The idea that high-skilled immigration intensifies this effect is beyond dispute among economists.
This should come as no surprise to those familiar with word demographics. Take the nations with the most diverse workforces in the world — the United States, Canada, Australia, and Western Europe, for example — and consider how closely this group corresponds to high per-capita income.
Even prosperous but non-diverse economies such as Japan are now importing migrant workers to fight lingering economic stagnation. Immigration helps everyone.

How to Protect the DACA Dreamers?
DACA, or its functional equivalent, can be kept alive indefinitely through Congressional action. Meanwhile, states can help ease the burden on dreamers if DACA is rescinded.
What Congress Can Do: Pass the DREAM Act?
Congress must pass legislation ensuring that dreamers can permanently live, work, and ultimately gain citizenship in the United States. The DREAM Act, first proposed in 2001, is similar to DACA, with one important distinction: if it was passed, it would be Congressional legislation rather than an executive order.
Under a friendly administration (a Democratic president, for example), it would stand a fairly good chance of passage.
Once passed, the DREAM Act could not be reversed with a stroke of the pen the way an executive order can be. Instead. it would have to be repealed by a majority vote of both the Senate and the House of Representatives.
If the President at the time vetoed the repeal, Congress would need a supermajority to override the veto. In other words, a DREAM Act could keep the dreamers safe.
What States Can Do?
Indeed, DACA might be rescinded. Then again, it might be revived during a subsequent administration, depending on the results of the 2020 presidential elections. Some of the actions that states could take to protect dreamers after the rescission of DACA include:
- Allowing dreamers to obtain and renew state drivers’ licenses;
- Allowing dreamers to take advantage of in-state tuition if they meet the same state residency requirements imposed upon Americans;
- Allowing dreamers to obtain professional and occupational licenses regardless of their immigration status; and
lobbying Congress to provide a pathway to citizenship for the dreamers.
One way or the other, by working together and providing our wholehearted support, we can protect the DACA dreamers and ensure a better future for both them and us.