DACA and the Dream Act

• While the decision from Judge Alsup is a positive step, Congress must not use this as an excuse to delay any longer on a permanent solution for Dreamers.

• The Trump administration is expected to appeal quickly, and this court decision will likely end up as another piece to a drawn out legal fight and the ground underneath DACA recipients may shift yet again.

• USCIS has now posted guidance for renewal of DACA grants based on this decision.

• Only renewals will be processed; no one who is a first-time applicant is eligible.

• This does not fix the problem. The Trump administration chose to eliminate DACA and must proactively work with Congress to fix it.

• We cannot and must not leave Dreamers in limbo, and this court case will not resolve quickly.

About the Dream Act and the failure by Congress to pass it in 2017:

• In December, Congress voted to pass a short-term continuing resolution that does not include protections for Dreamers, further endangering the lives of these young people and leaving their futures hanging in the balance.

• Make no mistake, passing a spending bill that does not include protections for Dreamers amounts to funding the deportation of Dreamers.

• Dreamers affected by the rescission of the Deferred Action for Childhood Arrivals (DACA) initiative have already been arrested and detained by ICE, and CBP issued guidance in September directing agents to detain and process people who do not have DACA, which includes young people whose DACA expired because of the rescission of the program.

• Deportations and enforcement actions against Dreamers will only become more numerous in the weeks ahead. For example, Osman Enriquez was separated from his infant child and placed in immigration detention in mid-December after he lost DACA.

• Congress has another chance to do the right thing when the continuing resolution expires on January 19, 2018.

• Every day that passes, 122 young people lose DACA, which means they lose their jobs and their protection from deportation. By the end of the year nearly 14,000 DACA grantees will be at risk. More lives are at stake with every passing day, as is the threat of being separated from their family.

• There is widespread bipartisan support for bills in both the House and Senate that provide permanent relief for Dreamers. Recently, 34 Republicans sent a letter to Speaker Ryan calling for action.

• Members of Congress, including Senate Leader McConnell, have already committed to taking up Dreamer legislation in January in advance of, or as part of, must-pass spending legislation.

• AILA calls on Members of Congress to pass the Dream Act now.

Congress and the President must pass the Dream Act. Failing to act will hurt Dreamers, their families, and all the businesses and communities that depend on them.

• Dreamers are young people brought to this country as children who are American in every way except legal status – they go to school, volunteer, and dream big dreams but face a huge hurdle to seeing those dreams become a reality.

• As a nation, we must not say to young people who are part of American life that we want to deport them. We must formally recognize Dreamers as the Americans they already are in every way but status. We urge our elected leaders to do the right thing, do it now, and get on the right side of history.

• America wants Congress to pass a solution for Dreamers

  • Reaching across the aisle to come to an agreement and protect Dreamers is the right thing to do. It will strengthen our communities and our economy.

  • There is widespread bipartisan support for bills in both the House and Senate that provide permanent relief for Dreamers. 34 Republicans sent a letter to Speaker Ryan calling for action. Congress MUST pass the bipartisan Dream Act.

  • The White House and Congress must resist the impulse to use Dreamers as a bargaining chip to enact wasteful spending on a border that is more secure than ever before, and other measures. Doing so might be tempting politically, but it would be terrible policy.

• Now that the Trump administration has ended the DACA program, it is critical that Congress step up and pass legislation to permanently protect Dreamers.

  • With the end of DACA, it is now more important than ever for Congress to pass a permanent solution to protect Dreamers from deportation and provide them with lawful status.

  • The Trump Administration created this crisis when it ended DACA on September 5th. DHS made it worse by imposing an unfair and arbitrary cut-off date of October 5 for DACA recipients to renew their protection. DHS made no effort to inform people, conducted no public education, and has shown little flexibility for those who didn’t make the cut-off date. As a result, 22,000 DACA beneficiaries will lose their work permits and protections before March 5th.

• Dreamers have the support of the voting public. They contribute significantly to our communities and to our economy.

  • A vast majority of Americans, 86 percent, support permanent legal status to Dreamers, undocumented immigrants who came to the U.S. as children. (ABC Poll 9/2/2017).

  • For more than 15 years, an overwhelming majority of Americans have consistently agreed that Dreamers deserve a chance to build their lives and their futures in the only country they know as home. Dreamers are an integral part of our country and our local communities.

  • Every Dreamer has his or her own unique story. Some seek to continue their education or a chance to work, and many simply wish to live a life free from fear. But all of them seek a better life and all Dreamers are Americans. They grew up in America, they were educated in America, and they contribute to the American economy.

  • Dreamers contribute significantly to our communities and our economy. Reports have shown that eliminating DACA would cost $433.4 billion in GDP over a decade, and reduce Social Security and Medicare tax contributions by $24.6 billion over the same time period.

  • With their hard work, perseverance, and deep community roots, Dreamers make our country stronger and better

Contact our experienced immigration lawyers in New York City today at 718-407-0871 or online at https://www.prizant-law.com/ for creative solutions to our client’s complex immigration problems.