Just over five years ago, President Obama announced the Deferred Action for Childhood Arrivals (DACA) program, which allowed certain undocumented immigrants who had been brought to the United States as children to remain here. The idea behind the program was that people brought here as children, who had no say in the matter, and who have demonstrated commitment to certain ideals deemed particularly American, should be allowed to remain in the country they call home. The creation of DACA occurred after Congress had failed multiple times to pass legislation addressing this issue, known as the DREAM Act. Since DACA began in 2012, around 800,000 people have benefited. In early September 2017, however, the new White House administration announced plans to terminate the program. This would leave hundreds of thousands of people vulnerable to loss of work authorization and possible deportation. Multiple states have filed suit to challenge the termination of the program, and they have been joined by a group of DACA beneficiaries in Garcia, et al. v. United States, et al., No. 3:17-cv-05380, complaint (N.D. Cal., Sep. 18, 2017).
President Obama first announced DACA on June 15, 2012. At that time, Congress had considered but not enacted the Development, Relief, and Education for Alien Minors (DREAM) Act three times. In order to qualify for DACA protection, applicants had to have entered the U.S. as children and have been present in this country for at least five years. They must not have a felony criminal record, and they must have either attended college or served in the U.S. military. DACA status was initially valid for two years, and it has been subject to renewal several times. DACA beneficiaries are also eligible for work authorization.
On September 5, 2017, the White House announced that it would end the DACA program after a six-month period. The announcement included a request to Congress to enact legislation making DACA protections a formal part of federal immigration law. Senator Richard Durbin (D-IL) re-introduced the DREAM Act shortly afterwards, but if Congress does not act by March 2018, hundreds of thousands of DACA recipients—often known as “Dreamers”—could face deportation.