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A federal court has once again raised questions about the Deferred Action Childhood Arrivals (DACA) program, which has allowed thousands of young immigrants to stay in America.
Last week, the 5th Circuit Court of Appeals sided with states, including Texas, which had argued that the program, created 10 years ago under the administration of then-President Barack Obama, was invalid because the White House did not follow proper procedur es at that time, including collecting public input, in writing the rules that allowed the young immigrants to stay in America. The court, however, did not invalidate the program but rather directed a lower court to review recent changes to the program made by the Biden administration.
The program faces further legal challenges, including a potential third hearing before the U.S. Supreme Court. In 2020, the court, by a vote of 5-4, ruled that an effort by then-President Donald Trump to end the program was invalid. The justices did not rule on the validity of the program itself.
If the program is ended, the roughly 650,000 people covered by DACA, often called Dreamers, could face deportation.
They deserve better.
These young people were brought to America as children, and many have not visited their home countries since they arrived here. Most have lived in the U.S. for more than 20 years. They attend schools here and work here. They are integral parts of their communities.
Their futures remain in jeopardy because Congress has failed to act. Federal lawmakers have had several opportunities to act on DACA, to make its protections, which include the ability to obtain work permits, permanent. These options have included tying permanent fixes for Dreamers to increased border security, a reasonable trade-off.
But, Congress has failed to pass legislation, to help Dreamers or to reform and update our immigration system in a comprehensive way, both of which are overdue.
The upcoming lame-duck session provides another opportunity to do the right thing and to move beyond our current immigration policy by executive action.
Immigration debates have become increasingly polarized and critics of DACA will likely call efforts to allow these young people to permanently stay in America “amnesty.” But sending these people, who were brought to America by their parents or other adults, “back” to countries where they have no connections would be cruel, and economically foolish.
Allowing this group, which is firmly rooted in America, to stay makes sense for a variety of reasons. Beyond the obvious humanitarian imperative, turning away a vital part of our workforce, at a time when many businesses and institutions are still struggling to fill vacancies, would likely harm our economy. That’s why business leaders support making the protections included in DACA permanent.
“In addition to the staggering moral cost, removing the Dreamers’ protections and removing them from the workforce also hinders the ability for Maine’s industries and economy to grow,” Cynthia Phinney, the president of the Maine AFL-CIO, and Dana Connors, the president of the Maine State Chamber of Commerce, wrote in a column published by the Bangor Daily News on Nov. 19, 2017. The authors noted how unusual it was for representatives of labor and businesses to agree on an issue.
“If DACA protections are lost, Maine would suffer heavy economic consequences, including the loss of $3.9 million a year in GDP over the next decade,” they wrote.
A comprehensive update of our immigration laws is needed, but these young people need clarity and support now. Passing a law to clarify their legal status in the United States and to give them a clear, brief path to citizenship simply makes sense — and it is long overdue.
