Three hundred ninety-six thousand nine hundred six people. Three hundred ninety-six thousand nine hundred six families broken. Three hundred ninety-six thousand nine hundred six lives changed. Three hundred ninety-six thousand nine hundred six illegal immigrants deported in 2011, and yet it remained under the radar.

After reaching an all-time high in U.S. Immigrations and Customs Enforcement’s history, Barack Obama continued to receive growing amounts of pressure and criticism from Hispanic American leaders for this overall increase in deportation rates. In response, Obama attempted to pass the DREAM Act through Congress in 2012. The DREAM Act was made to put steps in place to allow children of illegal immigrants to continue living and working in the country. However, the act failed to receive enough Republican support to pass Congress. Due to the lack of progress made by Congress, in June 2012, Obama used an executive action to pass the Deferred Action for Childhood Arrivals program (DACA).

 

What is DACA?

Deferred Action for Childhood Arrivals, or DACA, is a program put into place by Obama in 2012 which is made to protect those who illegally entered the country as children. In order to be eligible for DACA, they must be under the age of 30, must have entered the country under the age of 16, lived in the country for at least 5 years, and be a successful student or have served in the military. The program provides Dreamers, recipients of DACA, a two-year deferral from deportation as well as work permits and social security numbers.

 

Benefits of DACA

Undocumented immigrants prior to DACA faced many hardships in their day to day lives. Findings made by Roberto G. Gonzales from Harvard University, Veronica Terriquez from the University of Southern California, and Stephen P. Ruszczyk from City University of New York have shown that in the short-term, DACA is reducing some of the challenges faced by Dreamers in academic and social settings. Prior to DACA, Dreamers were living in a constant state of fear, stress, and anxiety due to the risk of deportation. They are often left out of job opportunities or internships since most require citizenship documentation or social security numbers. Many also don’t attend college or receive a higher-level education since they don’t have access to state or federal financial aid and can’t afford college otherwise. Most of their employment options are then restricted to low wage jobs.  Being left out of job opportunities, there is little to no room left for social mobility. Undocumented immigrants don’t have access to driver’s licenses either, leaving the possibility of deportation and family separation from doing daily tasks like driving to school or work high. When living in a city with limited public transportation options, work and school schedules now also have limited flexibility.

DACA provides the start of a solution to all these daily struggles, lifting a weight off the shoulders off Dreamers ever so slightly, enough to give them freedom. Jose Luis Zelaya, an undocumented immigrant who came at the age of 14 from the Honduras to find his mother, says DACA means that “maybe I will be able to work without being afraid that someone may deport me. There is no fear anymore.”

 

Sparked Reactions

Obama felt that “it makes no sense to expel talented people who are, for all intents and purposes, Americans.” DACA provided a sense of protection to those who had until now, lived under the shadows. Many elected officials and political leaders immediately reacted following the move, claiming that it was “unconstitutional and unlawful policy.” Rep. Steve King of Iowa threatened to file a lawsuit asking the courts to stop the implementation of this program. Others complained that the granting of work permits will flood an already poor job market. Democratic Senator Dick Durbin of Illinois, however, sponsored the move saying it “will give these young immigrants their chance to come out of the shadows and be part of the only country they’ve ever called home.”

From the program’s implementation, Obama said, “This is not amnesty. This is not immunity. This is not a path to citizenship. It’s not a permanent fix. This is a temporary stopgap measure.” Immigration experts argued that the program doesn’t guarantee the long-term result sought by Dreamers— citizenship— yet, Dreamers still felt a sense of relief. “There’s no fear anymore.” Unaware of it at the time, the start of DACA sparked a long-term political debate, putting the futures of Dreamers who had finally felt at ease, at risk.

 

The Rescind of DACA

September 5, 2017, Attorney General Jeff Sessions said, “I am here today to announce that the program known as DACA that was effectuated under the Obama administration is being rescinded.” President Donald Trump has been effectively pushing his anti-immigration campaign onto the nation since his election. He has blamed Obama for creating the program illegally through an executive action. 800,000 Dreamers just had all their hope for their future pulled away from them.

 

Backlash

Immediately following this announcement, protests and debates erupted throughout the nation. Dreamers had woken up that morning unaware that their lives as they know it may just change completely.

The Reverend Al Sharpton, president of the National Action Network was one of the first to react. He said, “There is no evidence that Dreamers steal away American jobs. There is evidence, however, that 91 percent of Dreamers are employed and contribute to the American economy. The National Action Network will do everything in its power to support the rights of Dreamers looking to work and be a part of the American dream.”.

Public Advocate Lititia James said, “These individuals put trust in our government to protect them and deporting them is truly reprehensible. Not only is this an attack on hundreds of thousands who have only known America as home, but it is an attack on our economy, which depends on the contributions of DACA recipients.”

Congressman Gregory Meeks said that he was “deeply disappointed in president Trump’s decision to upend and kick out Dreamers, tearing families apart. DACA allowed 800,00 children the opportunity to attend school and contribute to our society. Not only do they add tremendous value to our economy, but they are also our friends, our neighbors, and classmates.” He continued saying that the decision “is once again demonstrating an utter lack of sympathy and a failure to uphold American values. I look forward to working with my Democratic and Republican colleagues in Congress to pass legislation as soon possible to restore those protections and grant a pathway to citizenship for Dreamers.”

Protestors took over the street in front of the Trump Tower in Manhattan and Foley Square. Students in Denver were walking out of school. Rallies filled the nation as far as Southern California. The rescind of DACA created a larger national reaction than the creation of the program had years prior. People were frustrated and disappointed in the decisions of the government that should be fighting for our people, not against them. They argued for the return of the program through campaigns, protests, and lawsuits filed against the Trump Administration.

 

The Mental Health of Dreamers

Meanwhile, Dreamers are trying to come to terms with the idea of possibly being taken from all they’ve ever really known, taking a toll on their mental health. A study done by Stanford University proved that there was “a 57 percent drop in mental health disorders probable to develop in children whose mothers had been approved for the program” (Gardener 1). Now imagine how these same people are reacting to losing their reassurance.  Most Dreamers seem to avoid the problem, avoid thinking about their potential risk of deportation, but also know that there must be some type of plan made in case they actually are. Ivelyse Andino, Founder and Chief Executive Officer of the social impact organization, Radical Health, said, “Assurance is a difficult thing for many DACA recipients to have because there is presently nothing in place for them.” Radical Health along with several other community organizations have seen a drastic increase in mental health service requests since the repeal of DACA, especially in those who felt as though it was their responsibility to provide a path to citizenship for the rest of their family.

The mental and psychological state of Dreamers remains overlooked as the Trump Administration fails to come to a compromise. The uncertainty destroys the mentality of Dreamers; they would rather just know what is going to happen, not wonder what might happen. Shirley Leyro, Ph.D. Associate Professor of Sociology at Borough of Manhattan Community College, conducted a small survey with eighty Dreamers in regard to their daily mental stressors. “One hundred percent of the students surveyed reported that the fear of deportation was a daily thought”, says Leyro. It was also found that much of the language used by Dreamers correlated with language used by those affected by PTSD. This trauma and anxiety that Dreamers have now been dealing with puts them at risk for untreated mental illness due to the lack of accessible health care available. Untreated mental illness can easily cause one to become suicidal. Dr. Joseph Connell Esq. claimed that he had received a call from a man who’s DACA was expiring and he was ready to take his life. The prevalence of mental illness in immigrant communities continues to grow, yet, it has had no effect on the urgency to make a decision on DACA. Congress remains at a crossroad, with both sides refusing to compromise and slowly destroying the persona of Dreamers.

 

A Student’s Story

 Dan Lee is a South Korean student of political science at American University who was interviewed by Michael Martin of National Public Radio, NPR on September 16, 2017. He was around seven years old when he moved to the United States with his parents on some sort of visa, since his parents loved the American education system. Originally planning on moving back to South Korea, Lee’s parents saw how well both Dan and his younger brother were adjusting to the nation and decided to apply for an immigrant visa. They were scammed by a “supposed immigration attorney”, causing their paperwork to fall into the cracks.

Lee says he never really knew what being ‘undocumented’ meant until he turned fifteen, when he started looking into it because he had been offered a job but didn’t have the documents to accept it. He realized he wasn’t eligible for financial aid, couldn’t get a job, and couldn’t pursue his desired career in civil service. “I was very, like, afraid for my future”, he said. At some point he stopped going to school, finding no point in trying if he couldn’t pursue his goals. He didn’t even tell anyone he was a DACA recipient until he told his girlfriend, realizing that saying it is liberating in its own way. “I won’t let myself live in fear,” Lee says, “I just want to, I guess, live that normal life where this issue isn’t popping up and putting us in limbo because what I think is one of the worst fears or one of the worst aspects of this entire situation is- it’s the waiting. It’s the unknown and uncertainty.” As Congress and the White House continue their back and forth, all Lee wants is to know if he’s going to be able to continue living the life, he has built for himself here. The uncertainty eats away at his motivation for continuing all his hard work and puts him at a constant battle with himself.

“It’s like when you’re on a chair and you lean a little too back and you’re just about to fall, right? And it’s feeling that like perpetual falling feeling.”

 

Trump Takes it to Twitter

The backlash that followed the rescind of the program caused the Justice Department and Attorney General Jeff Sessions to review its legality. President Trump then decided to call onto Congress to pass anything that can take care of the Dreamers. Allowing renewals for only six more months, the pressure shifted onto Congress to develop and agree on a plan. Do they give Dreamers a path to citizenship? Do they remove all protections given to Dreamers and simply deport them? The program that Dreamers once thought would protect them and allow to live simpler lives was now a way they could be found.

As part of the negotiation, President Trump offers to reinstate DACA if given the money for his southern border wall. He has used Twitter since the beginning of his election campaign to speak to the people of the nation directly, as opposed to through the news. President Trump tweets, “The Democrats have been told, and fully understand that there can be no DACA without the desperately needed WALL at the Southern Border and an END to the horrible Chain Migration & ridiculous Lottery System of Immigration, etc. We must protect our country at all cost!” He continuously blames the Democrats for voting against his plans for a southern border wall while fighting for the continuation of DACA. Both sides of Congress fail to come to an agreement on new legislation for the Dreamers, still leaving their fate up for debate.

 

Bernie Sanders’ Election Campaign

As 2019 comes to an end, campaigns for the 2020 presidential election begin to develop, using the controversy of DACA as a main selling point. Dreamers have had their future up for grabs for two years and no progress has been made towards a decision. Bernie Sanders, a 2020 presidential candidate turns to Twitter, just as President Trump does, posting about his plan for Dreamers if he gets elected. He tweets, “Two Years Ago Trump Rescinded the DACA Program. Now Millions of Young People Are Living in Fear. That Is Not What This Country Is about. We Will Reinstate Legal Status for DACA Recipients and Their Parents.” Sanders promises to restore legal status to Dreamers and their parents on day one of his presidency (Whittaker). The video attached to the tweet by Bernie Sanders mentions the fight Dreamers have fought since their protection was taken from them, both politically and internally. While trying to overcome the idea that this may mean the end of their life here in the United States, their home, they continue to do civil obedience everywhere they possibly can: state capitals, congressmen offices, Senate buildings, in the White House. They continue to fight for all they believe they deserve, and Sanders has agreed to provide them with the result they’ve been looking for, if he wins the next election.

 

Other Paths

Other officials, on the other hand, strongly believe that there is another way to go about solving this controversy. Since their attorney general has declared DACA to be unconstitutional, it remains highly unlikely that the Trump Administration will reinstate DACA if Congress fails to pass some sort of legislation for Dreamers. However, Susan B. Dussault writes various ways the Executive Branch can actually use their discretion with “the military, cancellation of removal, parole, admissibility waivers, deferred action, and surplus immigration application fees” to create paths to citizenship for Dreamers.

The Executive Branch currently has the discretion over noncitizens joining the U.S. military and undergoing an expedited citizenship process. They also have the ability to allow Dreamers to enlist in the military, giving them the opportunity to undergo the process for citizenship as well. DACA recipients in 2014 were given the ability to enroll in MAVNI, just as noncitizens would, which allowed recruits to “naturalize after completing at least 180 days of active duty service or at least one year of satisfactory service in the reserves” (Dussault, 468). In 2016, however, the eligibility and screening protocols of MAVNI were revised, putting Dreamers’ eligibility into question. Dussault strongly believes that if the Executive Branch were to allow Dreamers to enlist into the military and provide them with a process similar to noncitizens who enlist through MAVNI, granted they pass a set list of requirements, not only benefits the nation by increasing its pool of recruits but also benefits many Dreamers who would love to fight for the place they call home and gain their citizenship in return.

Cancellation of removal grants lawful permanent resident status to noncitizens in removal proceedings who can prove that they have lived in the U.S. for ten continuous years prior and have a permanent resident spouse, parent, or child who is under the age of 21 and will suffer “exceptional and extremely unusual hardship” if the noncitizen was removed. The Executive Branch was given the discretion of this process by Congress and can change the accessibility of this process to Dreamers, offering a potential path to citizenship. If granted cancellation of removal, applicants can apply to the simpler process of obtaining a green card without having the leave the nation or falling into a category that requires them to wait years on end for their green card. The main issue that comes into play, however, is the idea that you must be in removal proceedings in order to be eligible for cancellation of removal, and one cannot initiate these removal proceedings themselves. If the Executive Branch were to simply allow Dreamers to initiate these proceedings themselves solely to seek cancellation of removal, they would now have their shot at lawful residence. Another option for the Executive Branch is to allow Dreamers to apply for cancellation of removal without being in removal proceedings as long as they meet the other preset requirements.

How many Dreamers would become eligible for cancellation of removal based off these changes is hard to say, but Dussault strongly believes that any of these paths can benefit even the smallest group of Dreamers.

 

Is there an Idealistic Path for the Future of Dreamers?

 Is there an idealistic path for the future of Dreamers? Of course, there is; one that provides them with the opportunity to stay in the United States, the place they call home, the only place they’ve ever really known. However, how likely is it that the Trump Administration will create this path any time soon. There has been a constant back and forth for over two years over DACA, and both sides remain reluctant to compromise, ignoring how this may be affecting Dreamers now. From their mental health, to the expiration of their work authorizations, to the avoidance of ICE, Dreamers have lived in a constant state of fear and anxiety since the rescind of this program, unsure of where they actually stand in the nation. Some Dreamers hide behind their fear, remaining under the radar, while others risk it all, fighting for their right to be a part of this nation. The fight will continue until a decision is made, either demolishing the aspirations of Dreamers, or making their years of suffering through the uncertainty worthwhile.

 

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Works Cited

• Boyd, Herb, and Nayaba Arinde. “Trump Rescinds DACA.” www.amsterdamnews.com, NY Amsterdam News, 13 Sept. 2017.
• Cohen, Tom. “Obama Administration to Stop Deporting Some Young Illegal Immigrants –CNNPolitics.” CNN, Cable News Network, 16 June 2012, https://www.cnn.com/2012/06/15/politics/immigration/index.html.
• Dussault, Susan B. WHO NEEDS DACA OR THE DREAM ACT? HOW THE ORDINARY USE OF …28 Aug. 2018, https://law.lclark.edu/live/files/26745-lcb222article5dussaultpdf–.
• Gardener, Jade, “Expecting the Inevitable: DACA and Mental Health” (2017). CUNY Academic Works. https://academicworks.cuny.edu/gj_etds/245
• Gonzales, Roberto G., et al. “Becoming DACAmented: Assessing the Short-Term Benefits of Deferred Action for Childhood Arrivals (DACA) – Roberto G. Gonzales, VeronicaTerriquez, Stephen P. Ruszczyk, 2014.” SAGE Journals, 2014, Johnson, Carrie. “Trump Rescinds DACA, Calls On Congress To Replace It.” NPR, NPR, 6 Sept. 2017, www.npr.org/2017/09/06/548819221/trump-administration-rescinds-daca-calls-on-congress-to-replace-it.
• Lee, Dan, Personal Interview. 16 September 2017
• Sanders, Bernie. “Two Years Ago Trump Rescinded the DACA Program. Now Millions of Young People Are Living in Fear. That Is Not What This Country Is about. We Will Reinstate Legal Status for DACA Recipients and Their Parents. Pic.twitter.com/090tvBDcJl.” Twitter, Twitter, 5 Sept. 2019, https://twitter.com/BernieSanders/status/1169758718742999040.
• Trump, Donald. “The Democrats have been told, and fully understand that there can be no DACA without the desperately needed WALL at the Southern Border and an END to the horrible Chain Migration & ridiculous Lottery System of Immigration, etc. We must protect our country at all cost!” Twitter. Twitter, 29 Dec. 2017.
• Whittaker, Alexandra. “Bernie Sanders Promises ‘No Government Agent Will Ever Tear a Baby Away From the Arms of a Mother’ If He’s Elected.” Cosmopolitan, Cosmopolitan, 29 Oct. 2019, www.cosmopolitan.com/politics/a29265969/bernie-sanders-immigration-reform-daca/.