The Fifth Circuit has scheduled oral arguments for the week of October 7 to determine if the Obama-era program Deferred Action for Childhood Arrivals, also known as DACA, should be allowed to continue or if it should end. The hearing would impact over 690,000 beneficiaries, known as Dreamers, who are authorized to work in the U.S. and are protected from deportation.
In New York there are more than 28,000 DACA recipients. With the court date looming, interest is growing in the impact of what a Kamala Harris or a Donald Trump administration would mean for DACA recipients in the future.
President Trump’s previous administration rescinded the program and Vice President Harris, who was California U.S. Senator at the time, was a fervent advocate for a pathway to citizenship for Dreamers. While neither nominee has released specific policies regarding DACA, here are their records on the program and what they have said during their most recent campings.
As a newsroom that serves NYC immigrants, we asked our Spanish-speaking readers what they are most concerned with regarding the upcoming election. Eleven percent of 170 respondents said they need more information about what will happen to DACA. (To learn more about our work with Spanish readers, visit our community on WhatsApp.)
Trump’s Attorney General rescinds DACA
“We have already seen Trump attempting to take those protections away, which would make over 530,000 individuals vulnerable to deportation,” Marlene Galaz, Director of Immigrant Rights Policy at New York Immigration Coalition (NYIC), said.
In September 2017, Trump’s attorney general, Jeff Sessions, rescinded DACA, citing the program’s implementation to be unlawful. The action halted USCIS from processing first-time applications and terminated the possibility for Dreamers to use Advance Parole, a travel permit that allowed beneficiaries of the program to travel and re-enter the country under employment, education or humanitarian purposes.
In 2018, Trump also supported a bill that would provide Dreamers with a path to citizenship in exchange for 25 billion dollars for border security and the wall. The bill failed to gain support from Democrats.
In 2020, the U.S. Supreme Court ruled the termination of the program violated the Administrative Procedure Act (APA), which requires any significant policy change to follow a thorough analysis of its potential impact on the lives of those affected. The ruling claimed that the program’s termination was “arbitrary and capricious.”
“However, the Trump administration once again limited the program by only accepting renewals and stopping USCIS from processing initial applications,” Galaz said. “That fight still continues in the courts today, as the 5th Circuit is expected to hear oral arguments on DACA in October. The ongoing court cases leave Dreamers with a lingering uncertainty over the future of their status in the country.”
During the Trump administration, the NYIC and other organizations advocated for Congress to pass the Dream Act, which was filibustered in the Senate after passing the House, which would have permanently protected Dreamers, she said.
“There is no way to know exactly how a Trump administration would approach DACA as it stands now,” Galaz said.
A path to citizenship for Dreamers
When Kamala Harris first ran for president in 2019, her platform unveiled a roadmap to provide a path to citizenship for Dreamers through executive action. In “A New Roadmap to Citizenship for Dreamers”, Harris proposed allowing USCIS to process initial DACA applications again, while also increasing the age of entry from 15 years to 17 years of age. It would also have eliminated the requirement to apply for DACA before turning 31.
Among the reliefs offered in the plan include a waiver for the 3 to 10 year ban and also a “Dreamers Parole-in-Place Program,” which would give beneficiaries of the program a legal entry for immigration purposes, including adjustment of status.
“If a Harris administration were to create a new parole in place program for Dreamers, the challenges that such a policy could face in the courts could potentially be similar to the lawsuit against the Keeping Families Together program. However, there are many different legal approaches that opposition to a policy like this could take; it’s impossible to predict,” Galaz said.
Serving as vice president, Harris continued to support Dreamers. During DACA’s 12th anniversary, which took place in June 2024, she said that lawmakers must pass legislation that creates a path to citizenship.
“It is time that legislators started listening to the public opinion, and leading by proposing meaningful solutions rather than playing into fear and division. When our lawmakers step up to this challenge, they will create a meaningful pathway to citizenship,” Galaz said.
While Harris’ support for DACA is unquestionable, her 2024 presidential campaign has yet to release plans of whether Harris would issue an executive order or push for Congress to pass a legislation if she is elected president.
Also Read: “What’s Lacking Is Political Courage”
Update: a previous version of this article stated that the U.S. Supreme Court had scheduled oral hearings for the week of October 7th. It is the Fifth Circuit and not the Supreme Court. We regret the error.
