Sunday, September 10, 2017

DACA, DREAM Act, and Legal Immigration

Once again, I've delved into a "news" story to find I'm not being told the whole truth.  DACA (Deferred Action for Childhood Arrivals) was enacted by Secretary of Homeland Security Janet Napolitano as an exercise in prosecutorial discretion, providing temporary relief from deportation and work authorization to certain young undocumented (illegal) immigrants brought to the United States as children (under the age of 15). They also must be under 31 as of June 15th 2012 and be in the Unites States since that date and lived here continually since then. The application must be renewed every 2 years. Sept 5, 2017 the new acting Secretary of Homeland Security Elaine Duke rescinded DACA and announced a wind down.  No new applications would be accepted and current applicants who's status is due to expire before March 5, 2018 will be allowed to renew for an additional 2 years if they apply by Oct 5, 2017. Those that expire as of March 6, 2018 will no longer, at that point, have relief from deportation or employment authorization. https://www.americanimmigrationcouncil.org/research/dream-act

So unlike the statements made in the news, Pres. Trump did not rescind an executive order by Pres. Obama.

One article I found while googling, implied these Young adults didn't know they weren't legal immigrants. So how can they be held responsible.  If they thought they were legal then they wouldn't fear deportation and wouldn't be applying for DACA anyway.

Another misdirection is that without DACA they have no other recourse. This is only half true.  The full statement should be they have no other recourse that doesn't require them to apply for a Provisional Unlawful Presence Waiver and then leave the United States and apply for a visa from a US Embassy or consulate to come back in. (https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence)  So once they were old enough to do something about it, they could have worked to obtain legal status.

The rhetoric wants us to think this isn't fair and there is a bill called the DREAM (Development, Relief, and Education for Alien Minors) act that was introduced into Congress in 2001 and has been reintroduced in July 2017, with the purpose of providing a different path for this group of illegal immigrants to change their illegal status to a legal status. This essentially moves them to the front of the immigration line.

The name of the bill was deliberately done to enable that segment of illegal immigrants to be labeled "Dreamers" so we would emotionally bond with them and feel that to go against them or the bill was an unfair thing to do. "Aren't we all dreamers and how can we deny these Young Adults their dream." 

Well what about the thousands of people who are trying to immigrate to this country legally? Is it fair to deny them their dream because they chose to take the legal route instead of the illegal one? 

But maybe that is what this is about.  Those who are using this language want unfettered immigration.  They want to throw the borders wide and let anyone and everyone who wants to come in, come in.  This would only lead to chaos and most likely an overwhelming of our infrastructure.

Besides, life isn't fair and the adult thing to do is realize that and then work to do the things needed to obey the law.

If we really felt for these Young Adults how about figuring out ways to help them obey the law.  Some ideas just off the top of my head:

  • Immigration Attorneys volunteer their time or reduce their fees to help with the applications for the Provisional Unlawful Presence Waiver and Visa.
  • People donate money for transportation to and facilities near the Embassy or consulate for them to live while they are waiting for their Visa application to be reviewed.
  • Have colleges where they are enrolled offer on line courses so they can continue their education while they are waiting for their visas. 
  • Provide help to find or keep employment while they are waiting for visas.  
We are pretty ingenious and generous people, for the most part, so I think we could figure this out without having to change the law or rely on government to come up with a solution.

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