Ten Years of DACA: What’s Next?

The Deferred Action for Childhood Arrivals (DACA) policy has protected hundreds of thousands of undocumented immigrant children from deportation during the past decade. Marielena Hincapié, executive director of the National Immigration Law Center, calls on Congress to pass a pathway to citizenship now

By Geri Mannion and Marielena Hincapié September 13, 2022

Immigration

Activists listen during a news conference marking the 10th anniversary of the passing of Deferred Action for Childhood Arrivals (DACA), on Capitol Hill on Wednesday, June 15, 2022, in Washington, D.C. (Credit: Kent Nishimura/Los Angeles Times via Getty Images)

Marielena Hincapié serves as executive director of the National Immigration Law Center (NILC), a grantee of Carnegie Corporation of New York and the nation’s leading organization dedicated to defending and advancing the rights of low-income immigrants in the United States. In this Q&A with Geri Mannion, managing director of Carnegie Corporation of New York’s Strengthening U.S. Democracy program, Hincapié explains how the Deferred Action for Childhood Arrivals (DACA) policy has protected hundreds of thousands of undocumented immigrant children from deportation during the past decade, how the policy continues to come under threat, and what must come next. The Corporation is a long-time supporter of NILC and of other efforts to reform our federal immigration system.

Why is immigration important for America today?

Generations of immigrants have been essential to our country’s evolution. Unless you’re of indigenous ancestry or were forcibly brought to this country under the travesty of slavery, everyone in the U.S. is a descendant of immigrants. Just like millions of refugees and immigrants over the last centuries, today’s immigrants are seeking the same opportunities as generations of immigrants like my parents and many of our families: the chance to build a better future for their loved ones.

Migration is a natural and global phenomenon. And today, people around the world are increasingly being displaced by climate disasters, increasing authoritarianism and xenophobia, war, lack of economic opportunities, and other factors.

The COVID-19 pandemic has also shown how much the U.S. depends on immigrants. We’re awakening to what many in positions of power have ignored for decades: immigrants are paying taxes in the U.S., and they are overrepresented among essential workers, yet don’t have access to healthcare and essential services and supports that help our communities thrive.

This is a time for moral courage and leadership as we work to safeguard our democracy, heal from racial and patriarchal injustices, and recover from a global pandemic that has underscored just how interconnected we are. We need an immigration system that centers humanity and dignity and that reflects our 21st century reality.

It’s hard to believe that it has been 10 years since the Deferred Action for Childhood Arrivals (DACA) policy was put in place by an Obama administration executive action to protect undocumented youth, known as Dreamers, from deportation. In your view, what is the significance of this policy?

Over the last decade, DACA has protected hundreds of thousands of young immigrants, who grew up in the U.S., from deportation and opened doors for them to have an opportunity to achieve their full potential. Today, there are nearly 600,000 DACA recipients across the country. Among them are the parents of approximately 300,000 children who are U.S. citizens. More than 75 percent of DACA recipients in the workforce — nearly 350,000 — were employed in jobs deemed essential to getting us through the COVID-19 pandemic, including approximately 34,000 health care workers.

DACA has transformed the lives of immigrant youth, improved our economy, and strengthened our communities. While it’s crucial to continue to defend and strengthen the policy, we also know it only provides temporary protection and was never intended to be a permanent solution. Immigrant youth need the permanency and stability of citizenship. We’re calling on Congress to urgently pass a permanent legislative solution.

The Supreme Court voted 5:4 in 2020 to continue DACA, finding that the rescission of the DACA program by the Trump administration in 2017 was “arbitrary and capricious in violation of the Administrative Procedures Act.” But Congress still needs to find a permanent solution for DACA recipients. What can be done to make a permanent solution possible?

We’ve come a long way in our decades-long fight alongside immigrant youth and immigrant communities to ensure that they can remain and thrive in this country, which is their home. With our courageous plaintiffs and legal partners, NILC successfully defeated the previous administration’s attempts to end DACA, securing the historic 2020 victory at the Supreme Court.

NILC’s work alongside immigrant youth goes back more than 20 years to the drafting of the original Dream Act. We’re steadfast in our commitment to ensure that immigrant youth and all immigrants who call the U.S. home can access the tools that support our collective wellbeing and freedom to thrive.

Congress must urgently pass legislation that provides a pathway to citizenship and long-needed stability for millions. We’re committed to achieving a permanent policy solution and are ready to do the difficult work it will take in a challenging political environment. We cannot win this fight alone. Get involved! Reach out to your elected representatives or join the fight at www.nilc.org/action.

Last June, a Texas federal court judge challenged the legality of the DACA policy and ordered the DACA program to be partially ended – while new applications are no longer being approved, renewals are continuing to move forward. The Biden administration appealed the decision, which is under review by the Fifth Circuit Court of Appeals, and it is believed that the case will head again to the Supreme Court. What happens in the wake of a negative decision?

DACA’s previous round at the Supreme Court taught us we can win in the courts, even with the cards stacked against us. Equally as important, it taught us that we can win outside the courts.

DACA itself is a testament to the political power immigrant youth and the immigrant justice movement have built over years. Our fights to defend it, while taxing, have also educated more people about the experiences of immigrant youth and increased support for a permanent solution to secure their futures in the U.S. We must harness that power and support to urge Congress to pass a pathway to citizenship now.

While the Texas case makes its way through the courts, there’s a lot that we can — and are — doing to fight for relief for those impacted by Texas’s politically motivated challenge to DACA. Following the Biden administration’s recent finalization of a new DACA rule, for example, we are continuing to advocate for other beneficial changes to the administration of the program.

The uncertainty created by the attacks on DACA highlights the urgency of ensuring that hundreds of thousands of immigrant youth aren’t living from court case to court case. We’re preparing for all scenarios, including a potential adverse decision at the Supreme Court, and leveraging that to ultimately achieve a permanent legislative solution so that young immigrants who are Americans at heart can finally become citizens of their home country.

More recently, Governor Greg Abbott of Texas has said that he wants to challenge a 1982 U.S. Supreme Court ruling, Plyler v. Doe, that requires states to offer free public education to all children, including those lacking legal immigration status. What is the danger if we lose free public education for those lacking legal immigration status?

Every child in the U.S. should be able to access the tools they need to live fulfilling lives. Education is foundational not only for setting up every child for success, but for our collective advancement as a society. The reality is all of us — our families, neighbors, and communities — benefit when everyone has access to a quality education.

NILC was among the litigants that argued and helped secure the landmark Supreme Court victory in Plyler 40 years ago. Plyler has ensured that generations of immigrant children aren’t denied the fundamental right to an education, forging a path for many to go to college, support their families, serve in our military, and more fully participate in our democracy.

With our fundamental rights, such as that to an education, under attack by fierce anti-democratic efforts, now is the time for educators, children's groups, and others to come together and challenge these systemic inequities. We must all work together to create a society where our rights are upheld, and we all have the freedom to thrive.

At the same time, according to a recent report in Politico, more than a dozen GOP donors are urging Republican congressional leaders to grant Dreamers legal status to help ease inflation and the U.S. labor shortage. How can we further extend common ground around DACA?

The past 10 years with DACA have showed us that we all stand to benefit from removing the barriers keeping millions of our community members from achieving their full potential. DACA is a transformative and hugely successful policy with broad public support, and it was always meant to be a bridge to a permanent legislative solution.

Bipartisan support for a legislative solution goes back to the introduction of the first Dream Act more than 20 years ago, and poll after poll shows that Americans across the political spectrum want Congress to get it done. We’re now in a critical moment to galvanize that support to bring members of Congress from both sides of the aisle together and finally act.

Congress must pass a pathway to citizenship for the millions of immigrant youth whose home is the U.S. Immigrants are essential for the soul of America. We must act boldly together to uphold the ideals to which this nation aspires.