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DACA decision protects 700,000 'Dreamers' from deportation

July 2020 employment law letter
Authors: 
Matthew O. Wagner, Frost Brown Todd LLC

On June 18, the U.S. Supreme Court issued a decision blocking the Trump administration's attempt to end the Deferred Action for Childhood Arrivals (DACA) program, thus protecting approximately 700,000 immigrants, commonly referred to as "Dreamers," from being deported from the United States.

How DACA works

In 2012, President Barack Obama initiated the DACA program by Executive Order. It wasn't a new law passed by Congress or a regulation put in place by a government agency. The program permits people to register who:

  • Were brought to the United States illegally as children before June 2007;
  • Have subsequently lived their entire lives in the country;
  • Meet certain criteria related to continuing education; and
  • Avoid any significant criminal record.

Under DACA, the government agrees not to deport the recipients, and they are eligible for lawful work authorization in two-year increments. The program allows them to work legally, pay taxes, and enjoy a measure of security in the only society they have ever known.

DACA recipients cannot obtain permanent resident status (a green card) or citizenship. Technically, they are in the United States illegally and in almost all cases have no viable path to "normalizing" their status under existing immigration laws. The Development, Relief, and Education for Alien Minors (DREAM) Act would have provided a path to residency and citizenship for DACA recipients, but Republicans in Congress repeatedly blocked the bill.

Path to Supreme Court

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