Deferred Action for Childhood Arrivals

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Deferred Action for Childhood Arrivals (DACA) ( German as: "Deferred action for arrivals in Childhood") is a part of immigration control in the United States , certain illegal immigrants who were already arrived as minors in the United States for two years before a deportation protects and allows them access to a work permit. President Barack Obama issued the decree in 2012 because he was unable to push through a reform of immigration law in Congress . President Donald Trump ordered the termination of the program on September 5, 2017 and instructed Congress to work out a replacement for the scheme.

The migrant children affected are also known as "Dreamer" in the USA, which goes back to the failed 2001 bill on the subject, which was called the "Development, Relief and Education for Alien Minors Act" (DREAM Act) but also relates to the hopes of these people for the future.

Procedure

Requirements for admission

In order to be considered for participation in DACA, the following conditions had to be met by the time the President's decision stopped the program in September 2017:

  • Participants must have arrived in the United States prior to June 2007, aged 16 or under.
  • You must have graduated from high school, served in the military, or be a student.
  • You must not have been older than 31 on June 15, 2012.
  • You may not have held a legal residence permit on June 15, 2012.
  • You must have been in the United States on June 15, 2012.
  • You must have been in the United States continuously since June 15, 2007.
  • You must neither have committed serious criminal offenses nor be considered a threat.
  • You must have been in the USA at the time you apply to participate in DACA.

status

Once a permit has been issued, DACA participants are protected from deportation for 24 months and qualify for a work permit. You cannot acquire US citizenship or permanent residency through the program itself. You have to apply for DACA again and again before the deadline in order to achieve protection status for a further two years.

Travel restrictions for participants

Participants must obtain approval for all stays abroad before leaving the United States. A violation automatically leads to the withdrawal of the DACA protection status. Permits are only granted:

  • for humanitarian reasons
  • for educational stays
  • for technical reasons

Temporary end

With President Trump's order of September 5, 2017, no new applications for protection status according to the DACA can be made. Participants whose protection status expires on or by March 5, 2018, were able to submit a final application for an extension by October 5, 2017, according to representatives of the authorities. If Congress does not find a new regulation, the first deportations could begin on March 6, 2018. Authorities estimate that around 800,000 participants in the program are at risk of deportation.

Trump called on Congress to turn DACA into federal law within six months. If that fails, he wants to take up the topic again.

Trump justified his decision by saying that American workers should have priority.

Reactions

Protests
Protests near Trump Tower in New York City, September 5, 2017
Protests in San Francisco that same day
In Seattle, people demonstrated against the temporary end

Proponents of strict immigration regulations welcomed the president's decision. They felt it was unfair that people who broke the law in the past should be rewarded with benefits for their children through DACA. It was also hoped that it would have a deterrent effect on people planning to enter the US illegally in the future and that more resources would be provided for US citizens and legal migrants.

Former President Obama was shocked by the decision of his successor Trump. He wrote on Facebook: "It is wrong to target these young people because they have done nothing wrong." He called Trump's actions "cruel".

Criticism also came from the American economy. She expects economic consequences if the affected workers had to be replaced. Protests were raised by representatives of American technology companies such as Microsoft , Apple and Facebook . Brad Smith (Microsoft) provided legal assistance to employees.

The day after the decision, 15 states and the capital city of Washington DC filed suits in a New York federal court against Trump's decree. In their complaint, they tried to use a collection of earlier statements by Trump that show prejudices against people with Mexican roots to prove that the decree to end DACA was only the culmination of these prejudices. The plaintiff states are: New York, Massachusetts, Connecticut, Delaware, Hawaii, Illinois, Iowa, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Virginia.

Trump's decision was protested in front of the White House in Washington and in other US cities. Organizations of migrants and civil rights activists also reacted with horror, outrage and anger.

The Republicans , the majority party in the US Congress, were divided. While ten states had urged Trump to end DACA, House spokesman Paul Ryan had urged Trump not to end the program just yet. Other members of parliament followed suit.

Temporary suspension

In January 2018, a federal judge ruled that the termination of the program must be suspended for those who already have DACA status pending a pending trial in which the University of California had sued the termination of the trial. Previous DACA participants can continue to apply for an extension after March 5, 2018 on the basis of several court orders. However, new applications will not be accepted.

On March 29, 2018, a federal court ruled that when assessing whether or not racist motivation played a role in ending the DACA program, it should also consider the derogatory terms Trump used in his campaign to refer to Mexicans.

On August 3, 2018, Judge John Bates ruled that the DACA program should be fully resumed. The government can appeal this decision until August 23, 2018. On August 31, 2018, Judge Andrew Hanen declined to order an immediate halt from DACA. The DACA program may be illegal, but the State of Texas filed a complaint against it late; In addition, the damage that Texas is suffering from social welfare to those affected is not in proportion to the damage that would be caused to those affected by an immediate stop of DACA.

A Supreme Court hearing on DACA was scheduled for November 12, 2019.

US Supreme Court judgment

On June 18, 2020, the Supreme Court ruled that it was arbitrary and capricious on the part of the Trump administration to stop the DACA program.

Web links

Commons : Deferred Action for Childhood Arrivals  - collection of pictures, videos and audio files

Individual evidence

  1. ↑ What are the "Dreamer" actually? In: faz.net . September 5, 2017. Retrieved September 6, 2017.
  2. ↑ a b c Michael D. Shear, Julie Hirschfeld Davis: Trump Moves to End DACA and Calls on Congress to Act . In: The New York Times . September 5, 2017, accessed September 6, 2017.
  3. ↑ WHAT IS THE DREAM ACT AND WHO ARE THE DREAMERS? ( Memento of the original from September 6, 2017 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. In: adl.org . 2014, accessed on September 5, 2017.  @1@ 2Template: Webachiv / IABot / www.adl.org
  4. ↑ a b c d Consideration of Deferred Action for Childhood Arrivals (DACA) . In: uscis.gov . Retrieved September 5, 2017.
  5. ↑ Frequently Asked Questions . In: uscis.gov . September 5, 2017, accessed September 6, 2017.
  6. ^ Robert Costa, Philip Rucker: Trump and Republicans face 'a defining moment' on immigration . In: washingtonpost.com . September 5, 2017, accessed September 6, 2017.
  7. ↑ Obama calls Trump's decision cruel . In: zeit.de . September 6, 2017. Retrieved September 6, 2017.
  8. ^ Caitlin Dickerson, "For DACA Recipients, Losing Protection and Work Permits Is Just the Start," New York Times, September 7, 2017
  9. ↑ Obama condemns the end of the integration program for young migrants . In: sueddeutsche.de . September 5, 2017. Retrieved September 6, 2017.
  10. ↑ Technology companies against Trump . In: faz.net . 6th September 2017.
  11. ^ Washingtonpost.com: Attorneys general from 15 states, DC sue to save DACA
  12. ↑ Obama criticizes Trump: "Wrong" and "cruel" . In: kurier.at . September 5, 2017. Retrieved September 6, 2017.
  13. ↑ The dream is over . In: zeit.de . September 5, 2017. Retrieved September 6, 2017.
  14. ↑ Maria Sacchetti: "Federal judge says DACA can't end while lawsuit is pending" Washington Post, January 10, 2018
  15. ↑ Dara Lind: March 5 is supposed to be the DACA “deadline.” Here's what that means for immigrants. In: vox.com. March 5, 2018, accessed March 31, 2018 .
  16. ↑ Trump's immigration deadline has passed. In: time online. March 6, 2018, accessed March 31, 2018 .
  17. ↑ Citing Trump's 'Racial Slurs,' Judge Says Suit to Preserve DACA Can Continue. In: New York Times. March 29, 2018, accessed March 31, 2018 .
  18. ↑ Trump must fully resume Dreamer program. In: Spiegel online. August 4, 2018. Retrieved August 4, 2018 .
  19. ↑ Ted Hesson: Judge orders full restart of DACA program. In: www.politico.com. August 3, 2018, accessed August 4, 2018 .
  20. ↑ Tal Kopan: Texas judge says he'll likely kill DACA - but not yet. In: CNN. August 31, 2018, accessed September 1, 2018 .
  21. ↑ Camilo Montoya-Galvez: Government wants to collect DNA samples from arrested immigrants. In: Spiegel online. October 3, 2019, accessed October 5, 2019 .
  22. ↑ Supreme Court to hear arguments in legal battle over DACA in November. In: www.cbsnews.com. July 8, 2019, accessed October 5, 2019 .
  23. ↑ www.supremecourt.gov: full text of the judgment (pdf)
  24. ↑ Supreme Court decides against Trump in the case of the "Dreamer". In: Frankfurter Allgemeine Zeitung . June 18, 2020, accessed June 20, 2020 .