There has been a lot of excitement in the air as President Biden begins signing executive orders mere hours after assuming office. President Biden has already put out an Executive Order to reinstate DACA, a politically popular program that deferred the removal of undocumented immigrants brought to the United States as children. For practical and humanitarian reasons, these “dreamers” were put on the lowest priority for removal and offered protection and work authorization.
While the Trump administration attempted to dismantle the DACA program, claiming it was unconstitutional, the Supreme Court upheld the memorandum. On January 20, 2021, President Biden issued a differing Executive Order instructing the Department of Homeland Security to reinstate, strengthen, and preserve DACA. He has asked the Department of Homeland Security to begin to consider what strengthening means. No changes are yet in place, but this gives us something to look forward to!
At the moment, the qualifications for DACA and the benefits of the program remain the same. Namely, applicants must:
- Be born on or after June 16, 1981
- Came to the United States before the age of 16
- Have resided continuously in the United States since June 15, 2007
- Meet certain educational requirements and pass a background check
- Were physically present in the United States on June 15, 2012
We will be anxiously awaiting more news from President Biden and Congress, as to what changes may be made to the program. What might these changes look like? At the moment, Biden has promised to explore all legal options to protect Dreamers, and ensure that they are eligible for federal student aid and community college programs. Those are just a few of his many proposed immigration reforms, where he hopes to reassert the United States’ commitment to immigrants and refugees. Stay tuned to see how President Biden will modernize our immigration system and institute significant reforms during his first term.