DACA and the DREAM Act

Immigration reform is a topic of intense debate in the United States, especially when it concerns young undocumented immigrants who arrived in the country as children. The Deferred Action for Childhood Arrivals (DACA) program and the proposed Development, Relief, and Education for Alien Minors (DREAM) Act are two initiatives that hope to address these immigration concerns. The two differ in their structure, scope, and legal implications. An experienced immigration attorney can help you understand the key differences.

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What Is DACA?

The Deferred Action for Childhood Arrivals (DACA) program was introduced in 2012 by President Obama through an executive order. It is important to note that DACA is not a law passed by Congress. DACA was implemented by the Department of Homeland Security (DHS).

There are particular criteria to qualify for DACA, which include

  • Age – Applicants must have been under 31 on June 15, 2012, and entered the U.S. before their 16th birthday.
  • Residency – Applicants must have continuously resided in the U.S. since June 15, 2007.
  • Education or Military Service –  DACA applicants must be enrolled in high school, have graduated from high school, obtained a GED, or have been honorably discharged from the military.
  • Criminal Background – Applicants must have a clean criminal record.

Benefits of DACA

DACA recipients are often called “Dreamers.” There are two primary benefits to the DACA program:

  1. Deferred Action – DACA recipients are protected from deportation for a renewable two-year period.
  2. Work Authorization – DACA recipients receive a legal work permit, which allows them to obtain employment.

DACA does not provide a pathway to permanent residency or citizenship. DACA is temporary and heavily depends on the administration’s current decisions.

The Deferred Action for Childhood Arrivals program is based on an executive order and can be changed from administration to administration if there is a legal means to do so. However, it is vulnerable to legal challenges, and recipients often live in constant uncertainty. 

What Is the DREAM Act?

The Development, Relief, and Education for Alien Minors (DREAM) Act is a legislative proposal that aims to provide a pathway to citizenship for undocumented immigrants who arrived in the U.S. as children and meet certain requirements. Despite multiple reintroductions in Congress over the years, the DREAM Act has never been enacted into law.

The DREAM Act has changed over time, but the core issues typically include:

  • The DREAM Act grants a pathway to citizenship for those who qualify.
  • Applicants must meet educational or military service requirements.
  • Applicants must demonstrate good moral character and have no serious criminal record.

The DREAM Act offers broader and more permanent protections than DACA, but it has faced significant opposition in Congress. The federal government has had significant disagreements concerning immigration reform, and the DREAM Act has been stalled in Congress for years. The uncertainty surrounding DACA and the lack of progress on the DREAM Act take a toll on Dreamers and their families.

Moving Forward: The Need for Comprehensive Immigration Reform

The debate over DACA and the DREAM Act shows the need for comprehensive immigration reform. DACA and the DREAM Act represent critical efforts to protect young undocumented immigrants and recognize their contributions to American society. While DACA has provided temporary relief for hundreds of thousands, it falls short of offering the permanent protections and stability the DREAM Act could achieve. The legal counsel at Cox Immigration has years of experience working in immigration law and can explain the complex nature of DACA and the DREAM Act.  Please contact us online or call 314-827-5826 to speak with an attorney about your immigration concerns.