Immigration policy in the United States has been a contentious topic for decades, with the Deferred Action for Parents of Americans (DAPA) and Deferred Action for Childhood Arrivals (DACA) being two of the most debated programs. Both initiatives were aimed at protecting certain undocumented immigrants from deportation, but they have faced numerous legal challenges over the years. Understanding the legal landscape surrounding DAPA and DACA is essential, especially as these programs have been subject to rulings by the Corte Suprema (Supreme Court). In this guide, we’ll explore what DAPA and DACA are, their legal history, and their current status in the U.S.
What is DAPA?
Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) was an immigration program introduced by President Barack Obama in 2014. Its goal was to provide temporary relief from deportation and grant work permits to certain undocumented parents of U.S. citizens or lawful permanent residents. To qualify for DAPA, applicants had to meet specific criteria, including:
- Being the parent of a U.S. citizen or lawful permanent resident.
- Having lived in the U.S. continuously since January 1, 2010.
- Passing background checks to ensure no criminal history.
The program aimed to provide relief to millions of undocumented immigrants who were otherwise at risk of deportation, allowing them to remain in the country legally while contributing to the economy through employment.
However, DAPA faced legal obstacles almost immediately after its announcement. A coalition of states, led by Texas, filed a lawsuit challenging the legality of the program. In 2016, the Corte Suprema issued a 4-4 decision, effectively leaving in place a lower court ruling that blocked DAPA from being implemented. As a result, the program was never rolled out, leaving many hopeful applicants in legal limbo.
What is DACA?
The Deferred Action for Childhood Arrivals (DACA) program, launched in 2012, aimed to protect undocumented immigrants who were brought to the U.S. as children. Often referred to as “Dreamers,” these individuals faced the threat of deportation despite spending most of their lives in the U.S. DACA allowed eligible individuals to apply for renewable two-year periods of deferred action, meaning they could remain in the country without fear of deportation. In addition, DACA recipients received work permits, allowing them to seek employment legally.
To qualify for DACA, applicants must:
- Have arrived in the U.S. before their 16th birthday.
- Have lived in the U.S. continuously since June 15, 2007.
- Be enrolled in school, have graduated, or have been honorably discharged from the military.
- Have no significant criminal record.
While DACA provided temporary relief, it did not grant permanent legal status or a path to citizenship. Despite its limitations, DACA has provided security and opportunities to nearly 700,000 individuals since its implementation.
DAPA y DACA: Legal Challenges and the Supreme Court
Both DAPA and DACA have been at the center of legal battles, often making their way to the Corte Suprema (Supreme Court). While DAPA was never implemented due to the 2016 split decision, DACA’s fate has been more complex.
In 2017, the Trump administration attempted to terminate DACA, leading to multiple lawsuits challenging the decision. In June 2020, the Supreme Court ruled in a 5-4 decision that the Trump administration’s attempt to end DACA was “arbitrary and capricious,” violating federal law. While this ruling allowed DACA to continue temporarily, it did not resolve the program’s future, leaving Dreamers uncertain about their long-term status.
The legal battles surrounding DAPA y DACA highlight the deep divisions over immigration policy in the U.S. The courts, including the Corte Suprema, have played a crucial role in determining the future of these programs, and further legal challenges are expected as immigration policy continues to evolve.
The Impact of DAPA and DACA on Immigrant Communities
While DAPA was never implemented, the mere announcement of the program provided hope to millions of undocumented parents in the U.S. The idea that they could remain in the country legally and work to support their families was a significant source of relief. However, the program’s legal defeat left many in the same precarious situation they had faced before.
DACA, on the other hand, has had a tangible impact on the lives of Dreamers. Many recipients have been able to pursue higher education, secure stable employment, and contribute to their communities without the constant fear of deportation. However, the temporary nature of DACA and the ongoing legal challenges mean that its recipients are still living with uncertainty about their future.
The Future of DAPA and DACA
As of now, DAPA remains blocked, and its future appears unlikely given the current political climate. DACA, while still in effect, faces ongoing legal challenges that could ultimately lead to its termination. Immigration advocates continue to push for comprehensive immigration reform that would provide a permanent solution for both DACA recipients and other undocumented individuals living in the U.S.
The Corte Suprema will likely continue to play a key role in determining the future of DAPA y DACA. As legal battles persist, the fate of these programs will remain uncertain, with significant implications for millions of immigrants and their families.
Understanding DAPA y DACA corte suprema and their legal challenges is essential for anyone following U.S. immigration policy. While DAPA was blocked by the Corte Suprema, DACA has provided critical relief to hundreds of thousands of individuals. As these programs continue to face legal battles, the importance of staying informed and advocating for comprehensive immigration reform is more crucial than ever.