Deferred Action for Childhood Arrivals By Carolina Martinez, Dominic Barnes, and Sarah Johnson
DACA Offers deferred action to immigrants who were brought to the United States when they were children and meet other requirements: Sponsors: President Obama Support: Hispanic voters, Immigration advocates Oppose: Republicans, Conservatives, Lower Class citizens, Ariz. Governor Jan Brewer
Eligible Immigrants Who Have Applied For Deferred Action 96 %
Constitutional Underpinning Constitution: Article 2, Section 1, Clause 1 "Executive Power" Article 2, Section 3 "take care that the Laws be faithfully executed" Plyler v. Doe o Supreme Court said that illegal immigrants may claim benefit of the Equal Protection Clause (no state shall deny to any person within its jurisdiction the equal protection of laws) o Status of children doesn't establish a sufficient rational basis for denying benefits that other residents get
Current Event "How the Deferred Action Immigration Program went from Dream to Reality" This article posted by the Huffington Post on August 19th, 2012 talks about how President Obama met with the National Council of La Raza to talk about what he has been trying to do to reform the country's immigration laws to a more "humane" fashion. President Obama promised in his campaign that he would reform the immigration system, yet he failed to do so and his presidency has seen more deportations of undocumented immigrants than any other in US history. This meeting with La Raza though, had positive results since the Obama administration has now been trying more to change the immigration system by allowing those who were brought as children to be able to apply for temporary work permits and renewable immigration relief. This was to be called the Deferred Action for Childhood Arrivals program. The president stated that this was not a permanent fix, but rather a temporary one.
States Rights Argument Lopez v. Gonzales & Toledo-Flores v. U.S. This Court case rejected the government's interpretation of the country's immigration law. It stated that noncitizens are not subjects to mandatory deportatio for a drug crime, even if it is a felony in the state in which the crime was commited, it is only considered a misdemeanor under federal law. Hampton v. Mow Sun Wong This case talked about that under Article 1, Section 8 of the Constitution, Congress has the power to regulate naturalization, thus only Congress can regulate how an individual can become a citizen.
Negative Impacts on States/Citizens More competition for jobs between people who perform blue-collar jobs which means that illegal immigrants have equal opportunities at the expense of natural citizens Grants drivers licenses to illegal immigrants which allows them to fly and enter federal buildings so this poses a national security risk for citizens of the US
State's Opposition Arizona Governor Jan Brewer signs executive order to deny driver's licensesand other states benefits under DACA Argument: If give deferred action then have to give driver's licenseswhich are privileges to legal citzens Alabama Ordered schools to check immigration status of new students Caused many Hispanic students to miss school Justice Department clearly is on the side of immigration and ruled unconstitutional
Precedence United States v. Wong Kim Ark Person who is subject to the jurisdiction of the United States acquires automatic citizenship means not subject to foreign powers Foreigners whose children are born in the US are citizens Immigration is federal issue DREAM Act Never passed but DACA was built off of previous legislation from this act Bipartisan legislation extending undocumented youth s conditional path to citizenship to 6 years Requires college degree or 2 years of military service
Positive Impacts This allows illegal immigrants the chance to stay in the United States and gives them work permits that allows them to compete for jobs in the United States which makes sure the best person is chosen for the job This also protects many young immigrants from the deportation proceedings who never had a say in choosing where they grew up
Negative Impacts Although these immigrants are granted work permits they don't have universal health care and are not considered real american citizens which means they don't have state benefits. Although this helps many immigrants this opens up those immigrants that have been under the radar and it is not guaranteed if they will be permitted this so they could be deported.
National Rights Argument, Supporting the Act The DREAM Act The DREAM Act is a bipartisan legislation created by Senators Orin Hatch [R- UT] and Richard Durbin [D-IL]. This act is meant to allow the qualifying sons and daughters of undocumented youth, who are undocumented themselves, for a 6 year long conditional path to citizenship. This conditional path would allow them the completion of their college degree or two years of military service. This legislation has not passed, thus it is not in effect. Family Educational Rights and Privacy Act (FERPA) This act would ensure that the students' private information stays safeguarded, such as their immigration status,and can only be viewed and or used only during extremely necessary situations. This act is meant to promote and increase education levels since now people would feel more safe about attending school.
Works Cited List Janell Ross, Huffington Post 9/16/12 <http://www.huffingtonpost.com/2012/08/19/deferred-action-immigration-program_n_1786099.html> DREAM Act 9/16/12 <dreamact.info>\ New York Times, 9/17/12 <http://www.nytimes.com/ref/washington/scotuscases_immigrationlaw.html> Limits to Growth, 9/17/12 < http://www.limitstogrowth.org/articles/2010/07/05/rasmussen-poll-64-arizona-voters-reject-citizenship-for-anchorbabies/> Things that are not In the Constitution, 9/17/12 <http://www.usconstitution.net/constnot.html#immigration> U.S. Department of Education, 9/17/12 <http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html Immigration Policy Center, 9/16/12 <http://www.immigrationpolicy.org/just-facts/deferred-action-childhoodarrivals-qa-guide-updated> World Socialist Web Site, 9/15/12 <http://www.wsws.org/articles/2012/aug2012/daca-a17.shtml> Minn Post, 9/16/12 <http://www.minnpost.com/christian-science-monitor/2012/08/jan-brewer-leadsconstitutional-throwdown-against-dream-act-lite> Huff Post, 9/16/12 <http://www.huffingtonpost.com/2012/05/06/alabama-immigration-law-w_n_1489963.html> Wikipedia, 9/16/12 <http://en.wikipedia.org/wiki/united_states_v._wong_kim_ark> About, 9/17/12 <http://usgovinfo.about.com/od/rightsandfreedoms/a/illegalrights.htm> Huffington Post, 9/17/12, <http://www.huffingtonpost.com/2012/08/20/daca-drivers-licenses_n_1811899.html>