Deferred Action for Childhood Arrivals
“I feel a little bit extorted; either I pay $500 every two years, or I lose my protections, I lose my work permit and everything that comes along with having the ability to work in the States legally.”
—Anonymous DACA Recipient
The Issue:
The reality that DACA recipients face is, in many cases, significantly different from what one might assume based on the text of the laws. Dreamers are often left with heightened stress levels while trying to properly navigate the deferred action process. The deferred action protection is supposed to be valid for 2 years; however, as many Dreamers can attest to, the authorization period can end up being considerably less time. This is due, at least in part, to the long processing times which can often exceed 7 months. This processing period can be further extended if USCIS determines that additional information is required.
What should be 2 years can quite easily turn into 1 year or 1.5 years as many Dreamers will submit applications early in anticipation of the long processing times. This also means that DACA recipients are paying the required $495 fee more frequently, as this fee is required with each renewal application. This not only creates a significant financial burden, but it also can create undue stress as this process makes it difficult to plan out one’s life in 1-1.5 year intervals. It seems quite unacceptable, and very close to extortion, to require applicants to pay this $495 fee for biometrics with every renewal application when USCIS retains the previous biometric records; fingerprints don’t change! Furthermore, this undue stress is compounded every 2 years depending on which political party is in power and desires to rescind DACA.
In addition, the current laws are unnecessarily restrictive in that Dreamers are essentially discouraged from leaving the country for any reason, as outlined on the USCIS website under Travel Information. Even with advanced parole, a DACA recipient is not guaranteed re-entry due to said re-entry decision being left up to the discretion of the agent the recipient encounters. A denial of re-entry can be issued with seemingly little to no explanation, and no due process under the law. The United States must address these inadequacies and inconsistencies for the hundreds of thousands of tax-paying Dreamers.
Constitutional Authority:
Amendment 14 [Amendment 14] of the United States Constitution dictates that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. It goes on to prohibit states from making or enforcing any law that would abridge the privileges of the citizens of the United States. Section 1 concludes by stipulating that states may not deny to any person within its jurisdiction the equal protection of the laws.
benefit to California:
As of 2021, the Golden State leads the nation with the most DACA recipient residents. California is home to approximately 175,000 Dreamers, according to data provided by the United States Citizenship and Immigration Services (USCIS). Passage of this legislation as amended by the Esparza Amendment would offer extended protections, and create a direct path to citizenship for California Dreams; many of whom already contribute to both the California, and U.S. economies through the State and Federal taxes they pay.
proposed legislation:
The American Dream and Promise Act, and the Dream Act of 2021 ; both as amended by the Esparza Amendment.