🧵 Since the Deferred Action for Childhood Arrivals case made it to the Supreme Court, it is worth understanding how we got here & why it's important that SCOTUS uphold DACA. #HomeIsHere #HereToStay #YouAreWelcomeHere #DACA #DREAMers
2. In 2001 the DREAM Act (Development, Relief & Education for Alien Minors) was introduced in the US Senate with BIPARTISAN SUPPORT.
3. Senator Orrin Hatch (R-UT): DREAM Act was intended to "allow children who have been brought to the US through no volition of their own the opportunity to fulfill their dreams, to secure a college degree & legal status" (Barron 2011:632).
4. The DREAM Act has been introduced multiple times as standalone legislation or as part of comprehensive immigration reform & other bills including the 2013 Border Security, Economic Opportunity & Immigration Modernization Act.
5. Eligibility & benefits have varied in each bill, but the basic terms of the DREAM Act provide for legal status & a path to citizenship in exchange for pursuing a college education or serving in the military.
6. Frustrated by federal inaction, several states, beginning with Texas in 2001, enacted their own versions of the DREAM Act (Barron 2011:652; Schmid 2013:699) but necessarily limited to matters such as in-state tuition & financial aid.
7. A UMBC study found that "initial costs of the investment in education will be more than offset by increased tax revenues & lower government spending ... that result from a more educated citizenry" (Gindling & Mandell 2012:6).
8. Tania Unzueta, one of the DREAM Act 5, compared her political activism to the civil rights movement & said "We've been detained for standing on a sidewalk. We can't wait any longer for the DREAM Act to pass" (Galindo 2012:597).
9. In response to the growing immigration crisis left unaddressed by Congress, the Obama administration announced the DACA policy directive on Jun 15, 2012 with eligibility requirements similar to the DREAM Act.
10. Janet Napolitano, Secretary of Homeland Security: "Our Nation's immigration laws must be enforced in a strong and sensible manner. They are not designed to be blindly enforced without consideration given to the individual circumstances of each case.
11. ...
"Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Prosecutorial discretion, which is used in so many other areas, is especially justified here" (Napolitano 2012).
12. DACA directs units within DHS to exercise prosecutorial discretion on a case-by-case basis to defer removal (ie, deportation) proceedings against certain undocumented immigrants who as children "lacked the intent to violate the law" (Napolitano 2012).
13. DACA eligibility:
• Entered US before 16th birthday
• Continuous presence in US from Jun 15, 2007 to present
• Under age 31 as of June 15, 2012
• No lawful status
• Currently in school (or hold HS diploma/GED) or honorably discharged veteran
14. ...
• No convictions for felony or significant misdemeanor (or 3+ misdemeanors)
• Not a threat to national security or public safety
• Physically present in US on Jun 15, 2012 & at time of applying for DACA
• 10+ page application + supporting docs
• $465 fee
15. REFERENCES (1/5)
Barron, Elisha (2011). The Development, Relief, and Education for Alien Minors (DREAM) Act. Harvard Journal on Legislation 48(2):623-656.
16. REFERENCES (2/5)
Galindo, René (2012). Undocumented & Unafraid: The DREAM Act 5 & the Public Disclosure of Undocumented Status as a Political Act. Urban Review: Issues & Ideas in Public Education 44(5):589-611.
17. REFERENCES (3/5)
Gindling, TH & Marvin Mandell (2012). Policy Brief: Private & Government Fiscal Costs & Benefits of the Maryland Dream Act. Baltimore: Maryland Institute for Policy Analysis and Research, University of Maryland, Baltimore County.
18. REFERENCES (4/5)
Napolitano, Janet (2012). Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children. Washington, DC: Department of Homeland Security.
19. REFERENCES (5/5)
Schmid, Carol L (2013). Undocumented Childhood Immigrants, the Dream Act & Deferred Action for Childhood Arrivals in the USA. International Journal of Sociology and Social Policy 33(11/12):693-707.
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