Georgetown Law & UBN Life on Hold

Opportunities DACA has given a much-needed reprieve from the threat of deportation to approximately 825,000 total approved recipients, of which approximately 643,000 are currently benefiting from the program. 32 DACA recipients are four times less likely to worry about deportation or arrest than non-recipients of DACA, 33 and they report less stress, anxiety, and depression when in DACA status. 34 Work authorization is also a key component of DACA that has produced positive outcomes for recipients, who are able to be gainfully employed and begin careers. Research has shown increased employment and positive impacts on wages. 35 DACA also provides recipients with access to drivers’ licenses, and in many states, professional licenses. 36 Obstacles Although DACA provides a temporary reprieve from the threat of deportation, two years is ultimately a short time when trying to plan for the future, and there is no current pathway for DACA recipients to any permanent legal status. Additionally, significant criminal bars to eligibility for DACA lock out many Black immigrants who might otherwise qualify for DACA, but for their interactions with the criminal justice system. Cost is also a significant barrier. The fee to apply for DACA is $495, 37 which is prohibitive to many potential applicants. Finally, even upon receiving DACA, most federal benefits are still not available to recipients, including Medicaid, the Affordable Care Act marketplace, 38 and federal student aid. 39 DACA Through the Black Immigrant Lens The impact of DACA on Black immigrants is also profound. It is estimated there are at least 12,000 Black DACA recipients, with 3% of African immigrants eligible and 2% of Caribbean immigrants eligible for the program. 40 Black DACA recipients are often excluded from “Dreamer” narratives, and as noted above, criminal bars to eligibility lock out many Black immigrants who might otherwise be eligible. Establishing a pathway to permanent status for DACA recipients and DACA-eligible Black immigrants is critical for achieving a more just and equitable immigration policy. 32 How many DACA recipients are there in the United States?, USA Facts (updated Sept. 23, 2020), https://usafacts.org/articles/how- many-daca-recipients-are-there-united-states/. 33 Norma Ramirez et. al., DACA and Immigrant Youth: What Are We Called To Do?, The Thrive Ctr., https://thethrivecenter.org/ resource-article/daca-and-immigrant-youth/ (last visited May 4, 2021). 34 Osea Giuntella & Jakub Lonsky, The Effects of DACA on Health Insurance, Access to Care, and Health Outcomes, IZA Inst. Of Labor Economics (April 2018), http://ftp.iza.org/dp11469.pdf. 35 Tom K. Wong et. al., Amid Legal and Political Uncertainty, DACA Remains More Important Than Ever, Ctr. For Am. Progress (Aug. 15, 2018) https://www.americanprogress.org/issues/immigration/news/2018/08/15/454731/amid-legal-political-uncertainty-daca- remains-important-ever/. 36 Id. 37 I-812D, Consideration of Deferred Action for Childhood Arrivals, U.S. Citizenship & Immigration Servs., https://www.uscis.gov/i- 821d (last visited May 4, 2021). 38 Ctrs. For Medicare & Medicaid Servs., Immigration status and the Marketplace, HealthCare.gov https://www.healthcare.gov/ immigrants/immigration-status/ (last visited May 4, 2021). 39 U.S. Dep’t of Educ., Financial Aid and Undocumented Students, StudentAid.gov, https://studentaid.gov/sites/default/files/financial- aid-and-undocumented-students.pdf. (last visited May 4, 2021). 40 Sarah Anderson, Raising Up Black Immigrants in the DACA Debate, Inequality.org (Sept. 8, 2017) https://inequality.org/great- divide/raising-Black-immigrants-daca-debate/.

Life On Hold: Black Immigrants & the Promise of Liberian Refugee Immigration Fairness

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