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Breaking Down the Hard DACA Agreement: What It Means and Why It Matters
After years of political wrangling and legal challenges, the Deferred Action for Childhood Arrivals (DACA) program faced a new test in the form of a proposed rule that sought to end it once and for all. The rule, issued by the Department of Homeland Security (DHS) in July 2020, would have blocked new applications, shortened renewals, and limited the scope of protections available to DACA recipients, also known as Dreamers. However, in late December 2020, a federal judge in New York ruled that the rule was invalid because DHS failed to follow proper administrative procedures and legal standards. As a result, DACA remains in place, for now, and some 700,000 Dreamers can continue to live and work in the United States without fear of deportation. Yet, this momentous decision did not settle the fate of DACA entirely, as ongoing political and legal challenges loom and as the incoming Biden administration faces pressure to craft a more permanent solution.
In this article, we will unpack the recent developments related to DACA, explain the concept of a “hard DACA agreement,” and explore the implications of these issues for Dreamers, policymakers, and the public.
What is DACA and Why is it Important?
DACA is a policy that was created by President Barack Obama in 2012 as a response to the plight of undocumented immigrants who came to the US as children and grew up here, often unaware of their immigration status until they tried to get a driver`s license or apply for college. DACA allows eligible individuals to receive a renewable two-year work permit and a reprieve from deportation, as long as they meet certain criteria, such as having arrived before age 16, having resided in the US continuously for at least five years, having no serious criminal convictions, and having obtained a high school diploma or equivalent. DACA does not provide a path to citizenship, nor does it confer legal status or a guarantee of permanent protection. However, for many Dreamers, DACA has been a lifeline that enabled them to pursue higher education, secure better jobs, and contribute to their communities and families without fear of being ripped away from them.
Why is DACA Under Attack?
DACA has always been controversial, with opponents arguing that it rewards illegal behavior, encourages more illegal immigration, and takes jobs away from American workers. Critics also claim that DACA is unconstitutional, as it usurps the authority of Congress to regulate immigration and violates the principle of separation of powers between the executive and legislative branches. In September 2017, the Trump administration announced its intention to end DACA, citing these concerns and giving Congress six months to come up with a legislative fix. However, despite multiple attempts, Congress failed to pass a bill that would provide a permanent solution for Dreamers, leaving them in limbo. Meanwhile, several lawsuits challenged the legality of the Trump administration`s decision to terminate DACA, arguing that it was based on flawed reasoning, arbitrary and capricious, and violated due process and equal protection rights. These lawsuits resulted in a series of court rulings that blocked DHS from terminating DACA abruptly and allowed existing recipients to keep renewing their status. However, the legal status of DACA remained uncertain, subject to the whims of political power and unpredictable judicial outcomes.
What is a Hard DACA Agreement?
In the context of the current debate over DACA, a hard DACA agreement refers to a potential legislative deal that would provide some form of relief for Dreamers, but with significant strings attached. Specifically, a hard DACA agreement would likely impose tough eligibility criteria, such as requiring Dreamers to have no criminal records, to have paid taxes, and to have contributed to their communities in various ways. It could also include provisions to enhance border security, such as funding for a wall or a virtual fence, and to limit legal immigration, such as reducing family-based visas or eliminating the diversity lottery. In exchange, Dreamers would receive a more secure legal status, such as a temporary protected status or a pathway to citizenship, but with limited options for sponsoring their relatives or traveling abroad. The idea of a hard DACA agreement has been floated by some Republicans as a compromise that would address the humanitarian concerns of Dreamers while satisfying the hardline immigration agenda of the Trump base. However, many Democrats and immigration advocates view such a deal as a non-starter, arguing that it would be too restrictive, punitive, and discriminatory, and that it would not address the root causes of illegal immigration or the need for a comprehensive reform of the immigration system.
What are the Implications of the Hard DACA Agreement?
The implications of a hard DACA agreement are potentially far-reaching, affecting not only Dreamers but also their families, communities, and employers. On the one hand, a hard DACA agreement could provide some measure of relief for Dreamers who have been living in uncertainty for years, acknowledging their contributions to the US and their desire to stay and thrive here. It could also help to resolve some of the political deadlock over immigration that has plagued Congress for decades, paving the way for other reforms. However, on the other hand, a hard DACA agreement could also create new problems and injustices, such as excluding Dreamers who may have minor criminal records or who may not fit the narrow criteria for eligibility, or undermining family reunification and diversity in the immigration system. It could also reinforce the false narrative that Dreamers are undeserving or inferior compared to other immigrants, or that they are a bargaining chip to be traded for political gains.
Conclusion
The fate of DACA is still uncertain, but the recent court ruling that struck down the hard rule proposed by the Trump administration has bought some time and hope for Dreamers. However, the incoming Biden administration faces a daunting task in balancing the competing demands and values of immigration policy, social justice, and political pragmatism. One possible way forward is to pursue a more comprehensive and inclusive approach that would not only protect Dreamers but also reform the broader immigration system to reflect the needs and aspirations of the nation. This approach would require leadership, vision, and bipartisanship, as well as the willingness to confront the hard truths and trade-offs of immigration policy. Ultimately, the hard DACA agreement may prove to be a temporary fix that could either undermine or enhance the prospects for a lasting solution.