Tag: USA

Trump has recently announced that the controversial DACA program is coming to an end. He has turned the decision over to Congress to determine the proper legislative response to ensure that the future of undocumented persons is constitutional. The program has been suspended for 6 months; those already registered can continue to have their permits renewed, but no new applications will be processed.

The program was put into place by the Obama administration. DACA, Deferred Action for Childhood Arrivals, offered foreign-born persons who were brought to the United States as children some degree of residency. Individuals could receive a tenuous status in the United States if they met the following conditions: they immigrated before their 16^th birthday, they were enrolled in school or had graduated, and had no felony convictions. If eligible, individuals were able to pay $495 to apply for a two year period of protection from deportation and renewable work permits.

Only available to those who came to he United States in their youth, this program reaches those whose immigration was not their own decision. Children who know no other country are given the opportunity to succeed in what is their home. This program has afforded these children the security and potential for upward mobility that has always been denied to their undocumented parents. Under DACA they have been able to go to university, get drivers’ licenses and work freely. This program has made whatever semblance of “American Dream” the hopeful parents had for their children within reach.

However even the decision to apply for protection under the program is a big decision, since it means identifying oneself to the government as being undocumented. There are presently around 800,000 individuals registered, but many more are eligible. For some, this risk of registration is too great. Trump’s recent announcement may be the materialization of just this risk.

Trump has publicly attacked the constitutionality of the program itself. DACA was introduced by Obama after years of Congress being unable to pass a likewise bill addressing undocumented children and what their rights should be with respect to school and employment. In response to Congress’ inability to pass legislation, Obama introduced DACA as an interim measure to provide security for eligible persons while waiting for reform legislation to be written.

The Trump administration has expressed that DACA is unconstitutional because it was passed by the President and not the legislature, which is the government body that is constitutionally mandated to pass laws. This is a division of powers argument. The program is being impugned because it was formed through an executive act, where it is argued that only a legislative act can create programs such as itself. For now, like Obama tried, Trump has turned to Congress and given them six months to enact legislation and thereby legalize the program.

Trump’s announcement has generated discussion as to whether Canada will open its immigration doors to the former DACA recipients. The participants are considered valuable from a labour market perspective as they are either educated or employed, and pay taxes. It is interesting to note that Canada presently has no comparable program to provide work permits for children who were brought by their parents illegally.

By: Samantha Hamilton, Student-at-Law

“This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”