The DACA recipients are young people who have grown up as Americans and identify themselves as Americans. Also, many of them speak only English and have no memory of or any connection with the country of origin.
The American Dream and Promise Act of 2021 (the “ADPA”) is a bill that is making its way through the US Congress. At the time of this writing, it has already been passed by the House of Representatives but is still awaiting a vote in the Senate. Its purpose is to offer permanent residence to DACA beneficiaries as well as people who have been granted Temporary Protected Status (TPS) or Deferred Enforced Departure (DED).
President Biden is expected to offer relief to the so-called “DACA Dreamers” -- undocumented immigrants who arrived in the United States as children. What form this relief will take is unclear, however. He could undertake more sweeping reform with Congressional support, and one of the options for Congress would be to pass the American Dream and Promise Act. Even without this, Biden could incorporate some of its provisions into an executive order.
The Trump administration's record with handling immigrant children has been in the news since the beginning. The attempted discontinuation of the Deferred Action for Childhood Arrivals (DACA) program was one of the prominent decisions to come out during Trump's tenure, who tried to stop the program in September 2017. Following this attempt, the Department of Homeland Security (DHS) stopped accepting new applicants. Thankfully, this decision has been reversed and DACA restored by a federal judge.
The Trump government has come to an end but the decisions taken by it in the name of immigration reform are still being discussed in courts around the country. One such decision was a review of the Deferred Action for Childhood Arrivals (DACA) program that concerns almost 650,000 recipients known as ‘dreamers.’
It is no secret that the Trump administration has been particularly ruthless towards migrant children. The latest example of this behavior is its move to end deferred action. The Deferred Action for Migrant Children Program (DACA) was introduced in 2012 by the Obama administration. The purpose of this program was to facilitate migrant children, because they did not have a say in their parent’s/ guardian’s decision to migrate and because they have grown up in the country, not in the country of their parents.
As lawyers for the Consulate of Mexico in Detroit (with jurisdiction in Michigan and Northern Ohio), Immigration Lawyers Richard Herman and Frank Krajenke are proud to be partnering with the Consulate for an online session on Facebook and Zoom to talk about current immigration law developments.
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.
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.
On June 18, 2020, the Supreme Court rejected the Trump administration’s decision to terminate the Deferred Action on Childhood Arrivals (DACA) program.