DACA Status Back in the Crosshairs

By Allie Bidwell, Communications Staff

Higher education community leaders, including NASFAA, are calling on Congress to support legislation that would protect undocumented immigrants brought to the country as children – also known as "DREAMers" – at a time when their status in America continues to be called into question.

NASFAA joined more than 30 other organizations in submitting a letter to lawmakers Tuesday expressing support for the Dream Act of 2017, which was recently introduced by Sen. Dick Durbin (D-IL) and Sen. Lindsey Graham (R-SC). The legislation would grant permanent legal status to individuals who arrived in the country before they were 18.

"This bill is designed to focus on the special case of undocumented young people who came to this country because of the actions of their parents. They are educated, English-speaking, and aptly suited to contribute to our nation," the letter said. "They grew up with American values and traditions, making them American in virtually every way except for their immigration status."

The reintroduction of the legislation came not long after other immigration-related activity from the administration, as well as from the attorneys general from 10 states who last month urged the Trump administration to phase out the the Deferred Action for Childhood Arrivals (DACA) program by September 5.

The Trump administration recently announced it would formally end DACA's sister program, the Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, program, but would leave DACA in place for the time being.

The attorneys general who signed on to the letter – from Texas, Louisiana, Alabama, Nebraska, Arkansas, South Carolina, Idaho, Tennessee, West Virginia, and Kansas – said that if the administration does not phase out the program by that date and order that it will not renew or issue any new DACA permits in the future, they will challenge the issue in court. Texas was among a group of states that took legal action to successfully prevent DAPA from going into effect.

The courts determined that the Obama administration did not have "the unilateral power" to allow undocumented immigrants to remain in the country and give them work authorization. In the new letter, the states claim the same legal reasoning should be used in determining whether the DACA program is unlawful.

About one month later, 20 state attorneys general wrote a letter to President Donald Trump in response, saying DACA has been "a boon to the communities, universities, and employers with which these Dreamers are connected, and for the American economy as a whole."

"In addition to strengthening our states and country, DACA gives these bright, driven young people the peace of mind and stability to earn a college degree and to seek employment that matches their education and training," the letter said. "The protection afforded by DACA gives them dignity and the ability to fully pursue the American dream. For many, the United States is the only country they have ever known."

Leading up to and in the weeks following Trump's inauguration, it was extremely unclear as to whether the administration would keep DACA in place. While Trump had a strong stance on immigration policy during the presidential campaign – and at one point vowed to "immediately terminate" DACA – he has since softened his tone as it relates to those with DACA status.

Still, faced with a looming deadline to take action, it is again unclear how the Trump administration will move forward. In the meantime, advocates are gearing up for a struggle and urging lawmakers to take action on the Dream Act as soon as possible.

 

Publication Date: 7/27/2017


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