The U.S. Supreme Court ruling on the future of the Deferred Action of Childhood Arrivals (DACA) policy is expected to be delivered by the end of June. If the policy is ruled unconstitutional, it will negatively impact the lives of the 649,070 DACA recipients or dreamers currently authorized to live and work in the United States. First enacted by President Obama back in 2012, President Trump rescinded DACA in 2017. Trump’s decision to roll-back the policy was met with legal action sending several cases challenging the decision to the U.S. Supreme Court.
DACA grants relief from deportation or from being entered into removal proceedings for immigrants who were brought to the U.S. as children, do not present a risk to national security or public safety, and meet certain criteria. While the policy allows for DACA recipients to legally live and work in the U.S., it is not a pathway to citizenship and must be renewed with the U.S. Citizenship and Immigration Services (USCIS). Although there are nearly 650,000 DACA recipients, the number of those eligible to apply is much larger, an estimated 1.2 million.
During his remarks on the implementation of DACA, President Obama stated that it was created to make immigration policy more fair and efficient, especially for young people who “often have no idea that they’re undocumented until they apply for a job or a driver’s license, or a college scholarship.” Implementing DACA would “lift the shadow of deportation from these young people,” because “it makes no sense to expel talented young people, who, for all intents and purposes, are Americans – they’ve been raised as Americans.” Moreover, they should not be deported because of the “actions of their parents or because of the inaction of politicians.”
While Trump appeared indecisive between repealing or continuing DACA during the first six months of his presidency, the Trump Administration – true to the campaign promise – announced on September 5, 2017 that the policy would be rescinded in a “wind down process.” In his announcement of the Administration’s decision, former Attorney General Jeff Sessions denounced the enactment of DACA calling it a “disrespect for the legislative process,” and that immigration policies should be serving the national interest.
The decision to end DACA was met with legal challenges and public condemnation from immigration advocates. Although there were more than 10 lawsuits filed against the Trump Administration’s decision, three injunctions filed in U.S. district courts in California, New York, and the District of Columbia sent the decision to revoke DACA to the U.S. Supreme Court. On June 28, 2019, the U.S. Supreme Court said it would review the Trump Administration’s decision and the case was heard on November 12, 2019.
If DACA is ruled unconstitutional, the U.S. could face harmful economic impacts. The cost of deporting DACA recipients could be billions. In 2017, when there were an estimated 750,000 DACA recipients living in the U.S, the cost to deport would be an estimated $60 billion. While the cost of deporting DACA recipients is problematic, the loss of economic contribution is worse. Overall, DACA recipients participate in the labor force at a higher-than-average rate compared to the larger U.S. population. Expelling DACA recipients could cause a reduction of $280 to $430 billion in U.S. economic growth over the next decade. The U.S could also see a reduction in the number of essential workers who have been vital during the current pandemic: nearly half of the 1.2 million DACA eligible immigrants are essential workers including 62,600 who are healthcare workers. Texas, the leader of 10 states in a lawsuit against DACA, would also face economic consequences of repealing DACA. The 213,843 DACA eligible immigrants – including 109,000 DACA recipients – represent $2.9 billion in total spending power and $3.8 billion in total household income. DACA recipients also comprise 4,000 of the total healthcare workers in Texas.
The impact on the economy – especially one recovering from the current pandemic – is one concern, upending the lives of hundreds of thousands of dreamers for actions that were beyond their control is another. Deportation for dreamers is an unjust punishment. They should not be stripped of their ability to live and work freely in the U.S.. Dreamers’ contribution to the economy alone makes keeping them in the U.S. part of our national interest. However, lawmakers, the current Administration, and Americans should look beyond their economic contributions as justification for keeping dreamers here. Dreamers are part of our communities. They are our teachers, doctors, college students, neighbors, and friends, all contributing to the fabric of society in one way or another.
For one young dreamer in Texas, Zeltzin, DACA opened the door to the same opportunities as her peers:
“I applied and got approved in 2013 right before my junior year of high school ended. When I got approved, I remember feeling really grateful that I was going to have the opportunities as everyone else such as getting my license, applying for jobs, and applying to college the following year.
I can only speak for myself but I feel like every other dreamer would agree that being a DACA recipient has been the greatest opportunity besides coming to this country in the first place. Many of us were brought to this country by our parents because they wanted to give us the opportunity for a better life that we couldn’t have had in our home country. I would like elected officials and the U.S Supreme Court to know that we all continue to dream of the same opportunity to have these rights and to not fear being deported to a country that we don’t even know anymore since some of us were brought at such a young age. I, for one, came to the United States at 11 months old. This country is my home and it’s all I’ve ever known.
I never really understood how much being a dreamer affected me until now. In the beginning I saw it as being able to do the basic things that everyone of my peers around me were doing—get my drivers license and get a job. But after nearly 7 years of being a dreamer and looking back on the opportunities that I’ve had thanks to the policy, I truly wouldn’t be where I am today.”
The U.S. Supreme Court, a conservative majority, have already alluded to the upcoming ruling being in favor of the Trump Administration’s decision as they have previously questioned the legality of DACA. If this is the case, it will be up to Congress to identify other policy solutions to prevent the deportation of dreamers. This could be in their interest, as 83 percent of Americans supported a proposal to allow “immigrants, who were brought to the U.S. illegally as children, the chance to become U.S. citizens if they meet certain requirements over a period of time.” Additionally, other entities have expressed support for the continuation of DACA. Following the announcement of DACA’s termination, IT companies, national organizations, higher education institutions, business associations, law enforcement leaders, former and current congressmen, legal scholars, educational organizations, former national security experts, labor unions, administrative law practitioners, military and veteran advocacy organizations, and religious organizations participated in amicus briefs supporting DACA recipients.
President Trump has previously told dreamers they have “nothing to worry about.” But this may be far from the case as dreamers have found that the U.S. Citizenship and Immigration Enforcement (ICE) agency has access to their information, painting an ill picture for many if DACA is revoked. Following the ruling, there will undoubtedly be fear, panic, uncertainty, and insecurity among the dreamers. The current administration turned their back on dreamers, taking away their security in the U.S., but we urge lawmakers to refrain from doing the same . Advocate for dreamers, like Zeltzin, and urge your representatives to find the policy solutions to keep dreamers here. The advocacy organization, United We Dream, will also be hosting a public webinar following the U.S Supreme Court ruling to discuss their decision, next steps, and answer questions.