|You might favor this bill if:
► You believe the 780,000 “Dreamers” protected under DACA deserve to remain protected and free from the fear of being deported since they have followed the rules granted to them. The courts have blocked several attempts of disbanding the program, which validates the legality behind the program.
|You might oppose this bill if:
► You believe the U.S. is a nation of laws and any individual who breaks such laws, should not be protected, regardless of age. The program was an executive overreach to begin with.
"It's a real shame," said Florida Republican Rep. Carlos Curbelo. "These are people's lives. These are young men and women who are working, raising families, making mortgage payments, car payments, and they've literally lived from court decision to court decision all because there are too many people in both parties who prefer the politics of immigration than the solutions for immigration."
The DACA program has seen its ups and downs. Trump originally set a six-month window for Congress to act, but judges blocked the administration's attempt to end the program. Congress failed to pass any legislation, gridlocking between protection for Dreamers and sensible border protection.
Although President Trump once praised the program, he rejected several offers since the plan did not include enough funding for border protection.
According to a CNN report, in an unexpected decision, on August 31st, 2018, a Texas judge Andrew Hanen hinted he will likely invalidate the Deferred Action for Childhood Arrivals program in the future, but for now the program would to operate.
Even though Judge Hanen said that the program is likely to fail any challenge in court, Hanen did not rule to immediately on the termination on the program, giving DACA recipients more time.
"If the nation truly wants to have a DACA program, it is up to Congress to say so," Judge Hanen wrote.
Some argue that Congress will not act since the urgency behind the deadline was taken away by the Courts, while others say the best chances at passage is after the midterm elections.
The lawsuit demands the immediate rescind and cancelation of all DACA permits currently in existance and aims to stop the issuance of any future permits, effectively phasing out the program in the next two years.
The Trump administration has tried to end the DACA program and has called on Congress to replace the law. Congress has yet to pass legislation regarding the issue.
These are some of the DACA bills currently in Congress:
- H.R.4760 - Securing America's Future Act.
(Would grant conditional amnesty to DACA recipients while funding border protection.)
- S.2464 - Three-Year Border and DACA Extension Act ("Three-for-Three").
(Would grant DACA recipients a three-year extension while funding the Trump Administration's border protection plan for three years.)
- H.R.3440 / S.1615 - Dream Act of 2017.
(Would grant DACA recipients conditional permanent resident status without funding for a border wall or border protection.)
The Dream Act would grant a conditional permanent resident status for young undocumented immigrants, grant Deferred Action for Childhood Arrivals (DACA) recipients who still meet the DACA Requirements a conditional permanent resident status, and creates a pathway towards a lawful permanent residency status. This legislation is the so-called "clean" Dream Act, which does not include funding for a border wall, does not fund interior enforcement agencies (ICE, BPC, etc...), does not fund more detention centers, and does not mandate the use of the "E-verify" platform for employment across the country.
DACA, or Deferred Action for Childhood Arrivals, was an executive order placed by the Obama administration in 2012, which granted certain illegal immigrants who entered the country as minors, to receive a renewable two-year period of deferred action from deportation and a work permit.
This bipartisan bill would provide “Dreamers”, young undocumented immigrants who were brought to the United States as children and have lived in the U.S. at least four years, protection from deportation and an opportunity to obtain legal status if they meet certain requirements.
In order to qualify for conditional permanent resident status, young undocumented individuals would need to meet the following requirements:
• Establishing that they were brought to the U.S. at age 17 or younger and have lived continuously in the U.S. for at least 4 years prior to the bill’s enactment;
• Pass a government background check while demonstrating “good moral character” with no felony or multiple misdemeanor convictions;
• Submit biometric and biographic data and undergo a biometric and medical exam;
• Demonstrate they have earned or are in the process of earning a high school diploma or demonstrate that they have been admitted to a college; and • Pay a reasonable fee.
The legislation would also grant lawful permanent resident status (Green Card Status) to conditional permanent residents under DACA. They can change status by:
• Continue living in the U.S;
• Demonstrating the ability to read, write, and speak English and understanding American history, principles, and the form of government;
• Passing a government background check while demonstrating “good moral character”;
• Paying a reasonable fee; and
• Meeting one of the following three requirements:
- Completing at least two years of military service;
- Graduating from a college or University of at least two years of a bachelor’s degree or higher in the U.S.;
- Be employed for a period totaling at least three years.
Recipients are bound to lose conditional permanent resident status should they commit a serious crime or fail to meet any requirement set in the bill.
Sponsored by: Rep. Roybal-Allard, Lucille [D-CA-40].
Cosponsored by: 6 Rep / 197 Dem.
Sponsored by: Sen. Graham, Lindsey [R-SC].
Cosponsored by: 3 Rep / 7 Dem.