In the wake of the Trump administration’s rollback of the 2012 Obama era rule known as Deferred Action for Childhood Arrivals (DACA), there seems to be a lot of misinformation regarding DREAMers being flung around all corners of the internet. Let’s clear that up, shall we?
- DREAMers and the question of legality: DREAMers are lawfully authorized to remain in the United States so long as they renew their protection under DACA every two years. DACA is neither a pathway to citizenship nor a pathway to legal status. Under DACA, they are categorized as “deferred.” What that means is that they are shielded from immigration raids and deportation. This protection is authorized by the federal government.
- DREAMers and taxation: DREAMers pay taxes, which is estimated to be approximately $2 billion. That includes personal income, property tax, and sales tax. They most certainly do not get off on a “free ride” in this country.
- DREAMers and social services: DREAMers are ineligible for Medicaid or coverage under the Affordable Care Act. In fact, since they are considered “deferred”, they cannot receive benefits such as Children’s Health Insurance Program (CHIP), food stamps, or Social Security Insurance. Additionally, the majority of DACA beneficiaries (68%), either have a bachelor’s degree or are in the process of completing a bachelor’s degree, making them less likely to tap into social services due to the higher likelihood of being employed.
- DACA and constitutionality: The most common talking point against DACA is that it was an unconstitutional overreach of Executive power. Trump has repeatedly said that he lacks the legal authority to protect beneficiaries of DACA. Both of these talking points are simply not true. For those who remember, DACA was implemented during the Obama era in 2012 after Congress failed to pass a comprehensive immigration reform law. Former President Obama tried to implement a broader and more comprehensive immigration law (Deferred Action for Parents of Americans and Lawful Permanent Residents), which was deemed unconstitutional by federal courts. DACA is a far more watered down response to the legal shutdown. While conservative lawmakers decried the Executive Order as overreach, but never followed up with a legal challenge. More than 100 law school professors wrote to President Trump to insist on its legality. Additionally, “deferrals of removal” is a key role of the Executive Branch and the Department of Homeland Security. “Prosecutorial discretion” is the basis for deferred action, a power prescribed to the Executive Branch. To cite the legal argument against DAPA yet still argue for the travel ban is hypocritical, which would essentially state that President Trump lacks authority to protect DREAMers but has authority in unilateral executive orders in nearly every other aspect of immigration law.
- Civil Offense vs. Criminal Act: Charles Bukowski once said, “The problem with the world is that the intelligent people are full of doubts, while the stupid ones are full of confidence.” That quote pretty much sums up all the anti-immigration internet crusaders, who espouse the “Illegal immigration is against the law, therefore why aren’t they in prison” line. Newsflash: being in the US illegally (with no criminal history or before being deported) is not a crime. It is a civil offense, which means they are not held criminally liable.
Most DACA beneficiaries were under the age of 7 years old when they were brought to the United States by their parents/guardians. To fault DREAMers for a decision they had little control over is downright ignorant and cruel. Based on the argument above, it seems to me that DACA beneficiaries do far more good than harm (if any) for this country. President Trump, people like Jesus Contreras (a DACA beneficiary) are the “very fine” people that make America better, not the Nazis and white supremacists you ardently defended a few weeks ago.