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1. Will DACA Recipients Return to Their Birth Countries If DACA Is Ended?

Author:
Robert Courtney Smith
Publication Date:
12-2023
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Will recipients of Deferred Action for Childhood Arrivals (DACA) leave the United States if a legal challenge succeeds in ending this important program? The fate of over 600,000 current DACA recipients may depend on answers to this question in one expert report and one online survey question, which a Texas District Court found to show “a quantifiable percentage” would leave. Had the District Court in its DACA ruling not credited these sources, Texas’ lawsuit could have collapsed, and DACA would persist. The issue of whether DACA recipients will leave if DACA is ended will matter as this case is litigated, most likely to be decided by the Supreme Court. Drawing on research on immigrant return, DACA recipients, survey questions, priming, and intention-behavior gap, this paper argues that this expert report and the single online survey question used by the District Court cannot support the inferences regarding the return of DACA recipients to their birth countries. Rather, relevant research points toward DACA recipients staying in the United States, even if DACA were terminated. The paper recommends offering DACA recipients and long term undocumented residents a short path to legal status and citizenship, reassessing whether these two sources can support the conclusions drawn by the District Court; and analyzing the benefits accruing from DACA to Texas and all Texans, including US citizen children of DACA recipients, in assessing the claimed injury to the state.
Topic:
Migration, Supreme Court, Deportation, and DACA
Political Geography:
North America, Texas, and United States of America

2. DACA and the Supreme Court: How We Got to This Point, a Statistical Profile of Who Is Affected, and What the Future May Hold for DACA Beneficiaries

Author:
Daniela Alulema
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In June 2012, the Obama administration announced the establishment of the Deferred Action for Childhood Arrivals (DACA) program, which sought to provide work authorization and a temporary reprieve from deportation to eligible undocumented young immigrants who had arrived in the United States as minors. Hundreds of thousands of youth applied for the program, which required providing extensive evidence of identity, age, residence, education, and good moral character. The program allowed its recipients to pursue higher education, to access more and better job opportunities, and to deepen their social ties in the United States. This article provides a statistical portrait of DACA recipients based on administrative data from US Citizenship and Immigration Services (USCIS) and estimates drawn from the 2017 American Community Survey (ACS) Census data. It finds the following: As of September 30, 2019, there were 652,880 active DACA recipients. Sixty-six percent of recipients are between the ages of 21 and 30. The top five countries of birth for DACA recipients are Mexico (80 percent), El Salvador (4 percent), Guatemala (3 percent), Honduras (2 percent), and Peru (1 percent). DACA recipients reside in all 50 states and Washington, DC, and in US territories including Puerto Rico, Guam, and the Virgin Islands. The top five states with the highest number of DACA recipients are California (29 percent), Texas (17 percent), Illinois (5 percent), New York (4 percent), and Florida (4 percent). Eighty-one percent of DACA recipients has lived in the United States for more than 15 years. Six percent is married to US citizens, 4 percent to lawful permanent residents (LPRs), and 13 percent to undocumented immigrants. Among US-born children younger than 18 years, 346,455 have at least one DACA parent. Fifty-five percent of DACA recipients graduated from high school, 36 percent has some college education, and 7 percent a bachelor’s degree or higher. Ninety-five percent is employed. The Trump administration rescinded the DACA program in September 2017, leaving recipients and their families in a legal limbo. Federal litigation led to a nationwide preliminary injunction and DACA’s partial reinstatement for existing recipients. At this writing, the case is before the US Supreme Court, which will determine the program’s fate. Beyond its statistical portrait, the article provides testimonies from DACA recipients who recount how the program improved their lives and their concerns over its possible termination. It also provides recommendations for Congress, local and state governments, and immigration advocates. In particular, it recommends passage of legislation that would create a path to citizenship for DACA recipients and programs and policies to support and empower young immigrants.
Topic:
Immigration, Border Control, and DACA
Political Geography:
United States and North America

3. The DACA Era and the Continuous Legalization Work of the US Immigrant-Serving Community

Author:
Donald Kerwin, Roberto Suro, Tess Thorman, and Daniela Alulema
Publication Date:
02-2017
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
In June 2016, the Center for Migration Studies of New York (CMS), with support from the Open Society Foundation’s Emma Lazarus Fund II (OSF / ELF II), initiated a study on the work of non- governmental and community-based organizations (NGOs and CBOs) and their public and private partners to build capacity and to prepare to implement a large legalization program. Over a three-month period, the CMS team interviewed more than 40 agencies and 66 individuals, and intensively analyzed the work of five communities on the Deferred Action for Childhood Arrivals (DACA) program, expanded DACA (known as DACA-plus), and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The study assessed the progress of the NGO/ CBO community in building capacity to promote maximum participation in DACA, to enlist DACA beneficiaries in service, advocacy and community organizing work, and to prepare for a future large-scale legalization program. The study covers the period from DACA’s inception in 2012 to the eve of the presidential election. The prospects for any kind of legalization in the short term have darkened with the election of Donald J. Trump, and the prospects for widespread and potentially draconian enforcement actions have heightened. Although this project was commissioned, conceived, and executed with a legalization program in mind, its findings on the capacity of the immigrant-serving sector remain timely and relevant. This report presents a narrative of how the sector developed over the past four years and assesses its capabilities. As such, it presents a valuable catalogue of assets as the sector considers how it will respond to the challenges ahead. Building greater capacity to serve immigrant communities has become an even more urgent task since the presidential election. Recommendations formulated for a potential legalization program can serve as a starting point for the development of strategies to contend with the Trump administration’s immigration and refugee policies.
Topic:
Immigration, Legal Theory, Humanitarian Crisis, and DACA
Political Geography:
United States, Central America, and North America