This guest post is from Regent Law 2L Benjamin Sacaciu:
The Deferred Action for Childhood Arrivals (DACA) program has been a vital lifeline for thousands of young individuals who arrived in the United States before turning 16. These individuals, often called dreamers, have grown up in our country, attended schools, and built their lives in the only country they can truly call home. However, the current limitations of DACA prevent these dreamers from realizing their full potential and contributing to the nation that has shaped their identity. Under DACA, recipients would not be deported for two years and would acquire a Social Security card and work authorization, but it does not provide a pathway to citizenship.1 It is time to consider granting DACA recipients the opportunity to obtain a green card, acknowledging that for many, America is not just a place they reside, but the only home they have ever known.
One of the key arguments for allowing DACA recipients to obtain green cards is the undeniable fact that the United States is the only home these individuals have ever known. Many arrived as young children and have integrated into American society, often excelling in academics, contributing to their communities, and aspiring to pursue higher education and professional careers.2 Denying them the chance to obtain a green card not only limits their opportunities but also creates a dissonance between their aspirations and the legal barriers they face. Providing a path to green cards for DACA recipients is not just an act of compassion; it is a recognition of their deep ties to the American community. Further, allowing DACA recipients to obtain a green card relates to family restoration because it enables them to establish legal permanent residency in the United States. This, in turn, allows them to reunite with their families who may also be residing in the country.
Moreover,
granting green cards to DACA recipients is consistent with the principles of
fairness and justice. These individuals did not choose to come to the United
States illegally; their arrival was a result of circumstances beyond their
control. Punishing them for decisions made by their parents or guardians is
fundamentally unjust.3 By affording them the chance to obtain green
cards, the U.S. can demonstrate a commitment to fairness and compassion,
aligning its policies with the values of inclusivity and opportunity that have
long defined the nation.
Finally,
allowing DACA recipients to obtain green cards is not just a legal matter; it
is a moral imperative that recognizes the shared humanity and aspirations of
these young individuals. America has always been a land of opportunity, and by
extending the path to permanent residency, the nation can fulfill its promise
of a brighter future for all who call it home. The time has come to embrace a
more compassionate and inclusive approach to immigration, acknowledging that
these Dreamers are an integral part of the American tapestry and deserve the
chance to fully contribute to the nation they proudly consider their own.
Sources:
1.
Olivia Dixon, Note, The
Constitutionality of DACA: Balancing the Rights of Undocumented Individuals and
Constitutional Considerations, 67 St. Louis L.J. 417, 430.
2.
Id.
at 437.
3.
Megan Moleski, Article, How to
Protect DACA & Dreamers After the United States Supreme Court’s Decision in
Department of Homeland Security v. Regents of the University of California,
54 UIC L. Rev. 1037, 1079-80.
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