by Michael Moore

Are the sins of the father the responsibility of the son? This is one of the many questions President Barack Obama was challenged with when creating the controversial policy DACA. DACA (Deferred Action for Childhood Arrivals) is a policy that has garnered a vast amount of criticism and controversy. Recently, the topic has been under increased scrutiny with a Texas judge declaring the policy to be unconstitutional. What I want to explore specifically in my capstone is how DACA has impacted the United States and other countries legally, socially, and culturally and whether this impact has been beneficial to the American people.

However, before examining the former president’s decision, a little bit of background on the border itself is necessary. Prior to the 1990s border security was relatively uncontrolled and immigrants from Mexico and South American countries could virtually just walk across the border without much fear of being stopped (Guerette, 2005). This lack of border security was simply not maintainable, which led to the increase in security during the 1990s (Guerette, 2005). This security included an increase in agents along the border, an increase in surveillance along the border, and the creation of physical barriers such as walls. While this made a more secure border, it also had some unintended consequences that have become critical factors in the current border situation. First, the increased security led to illegal immigrants heavily relying on smuggling to enter the U.S., which led to a shift in the mission of border security (Guerette, 2005). Currently, smuggling is considered a greater issue than immigration. Second, increased security has led to migrants choosing more dangerous methods in order to cross the border (smuggling included), which has unfortunately resulted in an increase in deaths along the border. This has led to the border patrol adopting an increasingly medical and humanitarian role, as they now are far more focused on the prevention of migrant death and application aid to injured and at-risk immigrants.

The strict and severe immigration policy that President Obama put into place was motivated by these issues (Johnson, 2018). During the first six years of his presidency, he removed a record number of immigrants from the US, averaging about 400,000 removals per year (Johnson, 2018). One of his goals in immigration was to motivate Congress to pass real immigration reform. Despite his pressure, this never happened (Johnson, 2018). Congress’s lack of action, the failure of harsh immigration policy to make any real progress, and the political pressure from both the Republican and Democratic parties all led to Obama’s implementation of the DACA program (Johnson, 2018).

The Deferred Action for Childhood Arrivals program was announced in June of 2012 and went into effect in August that year. It has been a subject of debate ever since. The DACA program is designed for children brought illegally to the United States by their parents. Crossing as minors, these children didn’t choose to break the law and deporting them to a country that they perhaps do not know was not viewed as a viable solution. Individuals must apply to the program, which has several strict requirements:

1. The applicant must have been brought to the United States before they turned sixteen and must also be under 31 as of June 15^th, 2012.
2. Applicants have been in the U.S. since June 15^th, 2007, and they have never had a lawful immigration status.
3. Applicants must have a GED or be currently enrolled in school.
4. Applicants cannot have been convicted of a felony, significant misdemeanor or have acquired three misdemeanors.

Acceptance into DACA can offer several benefits. While it doesn’t grant an individual citizenship (a common misconception) it does protect them from deportation. The other major benefit it provides is a valid working permit for the individual, allowing them to maintain a job (U.S. Citizen and Immigration Services, 2023).

Most data collected on this program indicates significant short-term benefits for the individuals participating, though the long-term benefits are debated (Patler, 2019). Despite this, the controversy surrounding the program remains extremely volatile, largely due to how the program was initiated. President Obama used his executive power to put the program into effect, an act that has been accused of being unconstitutional and an abuse of power (Johnson, 2018). According to the Constitution, the responsibility of immigration reform lies with Congress, not the president. The issue of constitutionality is a small part of a larger argument, however, which questions the benefits of DACA. It’s hard to dispute the benefits the program has had on its participants (at least initially), but how DACA affects everyone else is another question. Some say that policies like these incentivize illegal immigration and unfairly put legal immigration at a disadvantage. Others highlight our responsibilities as humanitarians to support those less fortunate than us, especially the ones brought to our country as children. With the recent developments in the DACA debate, this topic is more important than ever and the final outcome will set a precedent for future immigration policy. I think we will find that DACA’s future may be a more consequential situation that it appears because policies do not tend to operate as isolated events but instead resemble a butterfly effect and what we decide today will shape tomorrow.

The history of immigration in the United States is one filled with mistakes and failings, which unfortunately have had lasting effects on the nation. DACA was an attempt to right many of these mistakes, but its effectiveness and legality has been a topic of massive debate. As the current debate is potentially reaching a peak with consideration by the Supreme Court, the outcome will likely influence a great deal of immigration policy and will have a massive effect on the future the United States.

Sources:

Guerette, R. T., & Clarke, R. V. (2005). Border enforcement, organized crime, and deaths of smuggled migrants on the United States – Mexico border. European Journal on Criminal Policy and Research, 11(2), 159-174. https://doi.org/10.1007/s10609-005-6716-z.

Johnson, K. R. (2018). Lessons about the future of immigration law from the rise and fall of Daca. SSRN Electronic Journal, Volume, (Issue), 1–37. https://doi.org/10.2139/ssrn.3244880.

Patler, C., Hamilton, E., Meagher, K., & Savinar, R. (2019). Uncertainty About DACA May Undermine Its Positive Impact On Health For Recipients And Their Children. Health Affairs, 38(5), 738-745,745A. https://doi.org/10.1377/hlthaff.2018.05495.

U.S. Citizen and Immigration Services. (2023, September 18). Consideration of deferred action for childhood arrivals (DACA). USCIS. https://www.uscis.gov/DACA.

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Michael Moore is a Science, Technology, & Society major. As a student at South Dakota School of Mines and Technology, I have always had a desire to explore a variety of educational fields, which led to me selecting the major Science, Technology, & Society. I chose this major because it allows me to explore a vast array of interests and provides me with the credentials necessary to pursue both a compelling career and higher education. I have a personal passion and concern for the United States of America, the country I call home. This passion is partly why I selected the topic that I did. With my future potentially involving both law enforcement and immigration services, the exploration of this topic appealed to me greatly.