In September, the Trump administration announced that it would be rescinding Deferred Action for Childhood Arrivals (DACA). The decision to rescind came from pressure by ten Republican attorneys general, led by Texas Attorney General Ken Paxton, (what is daca and what happens next) that threatened to legally challenge DACA, giving the President a September 5th deadline to decide the program’s fate or legal action would be taken. The President gave Congress a six-month window, until March 5, 2018 (democrats try to force dream vote…) to create a fix for the program.
The Obama administration created the program by executive order in 2012 to protect children and young adults that were brought to the United States illegally by their parents. Recipients are allowed temporary deferment of deportation and permission to legally work, receive an education and obtain a driver’s license (what is daca and what happens next). To be eligible, applicants must have arrived in the US before age sixteen, have lived here since June 15, 2007, and must not have been over the age of thirty when the program was enacted by the Department of Homeland Security (dreamers and daca explained). DACA applicants must also show that they have clean criminal records, submit certain biometric data to Homeland Security and be enrolled in college or serve in the military (what is daca and what happens next). Recipients can apply for renewal every two years.
The latest government figures show that about 690,000 young adults, often referred to as DREAMers, are currently protected under DACA and officials were in the process of reviewing more than 34,000 additional first-time applications when the administration announced the program’s dismantlement (dreamers and daca explained). Most DREAMers arrived from Mexico, El Salvador, Guatemala and Honduras, but there are also several thousand from various Asian nations (what is daca and what happens next). This highly organized group of young people argue that after living most of their life in the United States, they are Americans who only lack legal recognition (what is daca and what happens next).
Illegal immigration is an issue that nearly all Americans agree needs to be addressed. This includes the circumstances under which DREAMers were brought to the United States, but as Oklahoma Senator James Lankford stated, “we don’t hold children accountable for the actions of their parents” (democrats try to force dream act vote). Without legislation in place to protect these children, the Obama administration created DACA. The program, however, was only a temporary fix because it offered no pathway to citizenship or legal permanent residency for DREAMers, something immigrant rights activists have argued only leaves people in limbo (dreamers and daca explained). Now with DACA being rescinded, if Congress doesn’t find a more permanent solution to the problem by March 5, as many as 983 DACA recipients could lose their protected status every day for two years as permits start to expire (dreamers and daca explained).
Republican Senators Thom Tillis, James Lankford and Orrin Hatch have recently offered a conservative approach for reform to the DACA program. The Senators have drafted the Solution for Undocumented Children through Careers Employment Education and Defending our nation (SUCCEED) act, which they have repeatedly called a “fair and compassionate merit-based solution” to the issue (new daca bill proposed by republicans). The bill provides protections to young undocumented immigrants and potentially offers a fifteen-year pathway to citizenship for eligible recipients.
To be eligible for an initial five-year conditional permanent resident (CPR) status, applicants must prove that they arrived in the United States before the age of sixteen and have lived here continuously since June 15, 2012; demonstrate that they were younger than thirty-one years old and had no lawful status in the U.S. on June 15, 2012; pass government background checks; demonstrate “good moral character” with no felonies or significant misdemeanors; register for the Selective Service (if applicable); and pay off any federal tax liabilities. If applicants are younger than eighteen, they must be enrolled in or attend a primary, secondary or postsecondary school. Applicants older than eighteen must meet at least one of the following requirements: have earned a high school diploma or equivalent; have been accepted to an institution of higher education; or have served, be serving or have enlisted in the U.S. military. Applicants are also required to sign a conditional departure order to acknowledge that they relinquish nearly all forms of immigration relief and are subject to expedited deportation if they violate any terms of their status (The succeed act: bill summary).
CPR status can be extended for a second five-year period if applicants have followed one of the following “tracks” during the initial five-year period: have graduated from an institution of higher education or completed at least eight semesters in such an institution (education track); have served in the military or a reserve component of the military for at least three years (military track); have been employed for a total period of at least forty-eight months (worker track); or have participated in a combination of the three previously mentioned tracks for a cumulative period of at least forty-eight months (combination track) (the succeed act summary).
SUCCEED Act recipients who have held CPR status for ten years are then eligible to apply for lawful permanent residence (LPR) if they continue to meet the bills requirements. After holding LPR for a five-year period, recipients could then begin the naturalization process if they so choose.
The lengthy path to citizenship and strict eligibility requirements are coupled with several restrictions that speak to the bills conservative nature. Under the SUCCEED Act, the parents of undocumented children are prevented from receiving benefits or preferential treatment. Recipients of SUCCEED are not eligible to sponsor family members, including spouses and children, to obtain legal status in the United States (succeed act: bill summary). This provision attempts to address an issues termed “chain migration” to describe how the immigration system prioritizes family members (new daca bill proposed by rep). Consequently, this could lead to the separation of families through detention and deportation (4 reasons).
The conditional departure order that applicants must sign to be eligible effectively disqualifies recipients of any type of immigration benefits or relief if they fail to continue to meet the bill’s requirements. The order also strips recipients of due process, voiding their right to an immigration court hearing if the Department of Homeland Security find they have committed a crime that is prohibited under CPR status. The bill also proposes new restrictions on visa overstays, which account for a large portion of illegal immigration. A provision of the bill requires those with nonimmigrant visas to sign a form that waives their rights to forms of immigration relief, such as the right to an immigration court hearing, if they overstay their visas, even by a period of less than twenty-four hours (succeed act: bill summary).
The bill clearly addresses one of DACA’s deficiencies—a pathway to citizenship. However, the pathway is arguably too lengthy. DREAMers must spend a total of fifteen years, a ten-year period with CPR status and a five-year period with LPR status, before being eligible for naturalization. The average DREAMer is 25 years old. This means they would not complete the pathway until age 40, nearly half their lives (4 reasons). This is a much longer pathway than any other reform proposals that are on the table.
Many immigrant rights activists also argue that the age cap in the SUCCEED Act is too harsh, although it follows the same age cap requirement as DACA. The age cap, under 31 as of June 15, 2012, would penalize older undocumented immigrants who were brought here as children but have yet to receive any protections under Congress. They argue that it would be those with the longest ties—20 years or more—at risk for being uprooted from their homes (4 reasons).
While the bill does seem to come up short in some areas, it offers more flexibility than other reform proposals by offering DREAMers the option of a combination track during their CPR status. Other proposals require recipients to follow a strict military, education or worker track and could result in losing their CPR status if they fail to do so (the succeed act: bill summary)
If passed, the bill could help more than just the 690,000 DACA recipients that are currently at risk for losing their protections. Under the SUCEED Act, nearly 1.8 million DREAMers would be immediately eligible to apply for CPR status. In total, up to 2.6 million DREAMers would be eventually be eligible for the program (the succeed act: bill summary).
According to a report released by the Niskanen Center, the SUCCEED Act would increase GDP by $81 billion and increase net federal revenue by $22 billion over 10 years. It would create 117,000 new jobs. Eligible immigrants under the SUCCEED Act would contribute $738 billion to GDP over ten years and $204 billion in net revenue to federal, state and local governments (research).
The bill has received criticism from both parties in Congress. The most conservative Republicans denounce any pathway to citizenship, even a fifteen year one, as a form of amnesty. On the other side of party lines, several Democrats have argued that the bills age cap is too severe (were starting to see) Despite the criticism from even their own party, the Republican Senators who introduced the bill have confidence in its future. Tillis noted that “on the whole, we have a bigger base to draw on in the senate and a bigger base that’s important to draw on in the House to get this on the president’s desk.” (new daca ).
As it is written, the bill seems too harsh or too much like amnesty to obtain the votes it needs to pass. Senators Tillis, Lankford and Hatch have expressed their willingness to work with their Democratic counterparts, so a compromise may be in the cards before the March 5th deadline is up.