DEPORTATION DILEMMA: DAPA AND DACA

DEPORTATION DILEMMA: DAPA AND DACA

In 2012, President Obama issued two executive orders on immigration policy to keep families together and in the U.S. if some are American citizens and some are not.  The Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) allows parents of U.S. citizens or lawful permanent residents to not be deported and to obtain a temporary two-year work permit.  Qualifications include:

·       they must have lived continuously in the U.S. since January 1, 2010

·       they cannot be convicted of certain criminal offenses including misdemeanors

The application fee is $465.

The second order called Deferred Action for Childhood Arrivals (DACA) is aimed at preventing older children who are in the U.S. illegally from being deported.  The rules for the original mandate include:

·       they must have entered the U.S. before their 16th birthday and before June 2007

·       they must be under 31 years old

·       they must have completed high school or received a GED, be honorably discharged from the U.S. military service, or be in school

·       they cannot have committed a felony or serious misdemeanor

·       they must have lived continuously in the U.S.

 Then last November 2014, Obama eliminated the age restriction and expanded the arrival date into the U.S. to before 2010.  This is called Expanded DACA.  People who qualify get a two-year renewable work permit and are exempt from deportation.  On February 16, 2015, the Federal Court in Texas put a temporary hold on Obama's order for Expanded DACA.  The original DACA still holds, but those eligible for Expanded DACA have to wait until the court makes its decision.

(ICE and Border Patrol sometimes use misdemeanors to deport people here illegally.  Misdemeanors are defined for DACA and DAPA as domestic violence, sexual abuse or exploitation, burglary, unlawful possession of firearms, drug trafficking, DUI or some offense that keeps a person in custody for 90 days or more.)

 The San Diego Immigrant Rights Consortium which is an arm of Alliance San Diego has been working to get city councils to adopt a resolution similar to that presented to the city of Lemon Grove in support of DAPA and Extended DACA.  Leaguers could also do this  to help expedite the 5th Circuit Court of Appeals into a decision. 

WHEREAS, the City of Lemon Grove supports of a reasonable and comprehensive approach to reforming the currently broken immigration system that is in the best interest of the country; and

WHEREAS, immigration reform is an urgent federal responsibility, and must occur in a comprehensive, thoughtful manner guided by our nation's values of due process and civil and human rights; and

WHEREAS, civil and human rights are deeply rooted in the fabric of democratic and principled societies, and must be instilled in all elements of our enforcement apparatus to ensure every individual's dignity and humanity is upheld, recognized and respected; and

WHEREAS, the City of Lemon Grove recognizes that immigration reform must protect the rights of all families to stay together, regardless of immigration status, family structure, sexual orientation, gender identity, and to include same-sex couples, and provide sufficient family-based channels for migration in the future; and

WHEREAS, the City of Lemon Grove is a diverse city with immigrants and refugees from many parts of the world who work, own homes, operate businesses and contribute to the economic, social, and cultural well-being of the City; and

WHEREAS, it is not practical to deport the 11 million undocumented immigrants living within our borders, and that immigration laws should provide for a reasonable pathway to citizenship, especially for young children who unknowingly enter the United States without proper documentation and have grown up here; and

WHEREAS, a pathway to citizenship should not be conditioned upon shortsighted border enforcement strategies that add extra obstacles and burdens to full reform; and

WHEREAS, the President of the United States has issued two executive actions to provide temporary relief to those who are living in this country in an undocumented status, the extension Deferred Action of Childhood Arrivals (DACA) and the Deferred Action of Parents of Americans and Lawful Permanent Residents (DAPA). These actions would help up to 97,000 individuals in San Diego County alone while Congress works to pass something more permanent.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, supports the extension Deferred Action of Childhood Arrivals (DACA) and the Deferred Action of Parents of Americans and Lawful Permanent Residents (DAPA).

 

Beryl Flom

League of Women Voters of San Diego

edflom@sbcglobal.net