By Chaitram Aklu

DEREK was brought illegally from Guyana into the United States by his mother (who also entered illegally) when he was 11 years old. Caught after crossing the border from Canada, in upstate New York, he was initially placed in a foster home before an aunt secured custody. That was in 2003. Now 19, he is one member of a 650 000-member underclass protected from deportation since 2012. That was until 2017, when the Trump administration ended the programme and announced that it will no longer accept new applications, or applications for renewal of status.

There are over 7, 600 nationals from Caribbean Community (CARICOM) countries, with Jamaica (2, 600), Trinidad and Tobago (1,930), Guyana (960), and Belize (820) ranking the highest, with DACA status.

But there is hope. On November 9, US President–Elect Joe Biden announced that on Day One of his presidency, he will issue an Executive Order to reinstate the 2012 protection for Deferred Action for Childhood Arrivals (DACA) recipients, which President Donald Trump ended in 2017.
Donald Trump began his presidential campaign at his hotel in New York City on June 16, 2015 with this contentious message to his supporters: “When Mexico sends its people, they’re not sending their best; they’re sending people that have lots of problems, and they’re bringing those problems with us [sic].”

Fast forward. Four days before the Nov. 3, 2020 general election, Trump delivered a similar but more subtle message in a proclamation declaring November 1 “A National Day of Remembrance for Americans killed by Illegal Aliens.”  He noted, “We pay tribute to the enduring memory of every American killed by illegal aliens.”

The U.S. Border Patrol data on convictions of criminal aliens by type of criminal conduct nationwide, as of September 30, 2020, reveals that there were 208 convictions for assault, battery, domestic violence; three (3) for homicide, manslaughter (an average of less than four (4) over the past five (5) years); 386 for illegal drug possession; and 256 for sexual offenses.
A May 2018 article in Criminology, a Journal devoted to the study of crime and deviant behaviour, examined data on the relationship between undocumented immigration and violence in all 50 States and Washington D.C. from 1990 through 2014. The results of the study (the first of its kind) found that undocumented immigration does not increase violence. Rather, illegal immigration may lead to a reduction of crime.  The results of the study is supported by the Cato Institute, which examined crime statistics in Texas and found that legal or illegal immigrants are less likely to be convicted of crimes than native-born residents.

Undocumented children like Derek, brought to the US illegally by their parents from over 190 countries, now average 26 years of age, and referred to as ‘Dreamers’, were offered protection by President Obama in 2012, through the Deferred Action for Childhood Arrivals (DACA) programme. The programme allowed certain unauthorised aliens who arrived in the US as children, to apply for a two-year forbearance of removal. It also allowed them to become eligible to work and receive various other benefits.
To qualify for the programme, individuals must have resided in the US continuously since 2007; was less than 31 years of age in June 2012, and are currently students; have completed high school; are honourably discharged military veterans; have not been convicted of any serious crimes, and are not a threat to national security or public safety. They had to apply for renewal every two years to continue to benefit from the programme.

The action was challenged in the courts, and reached the Supreme Court (SCOTUS), which ruled on June 18, 2020 that the termination of the programme was “done in an arbitrary and capricious manner”.  It ordered the US Citizen and Immigration Services (USCIS) to continue to accept DACA renewal applications from anyone who has DACA status. The ruling by the Chief Justice (CJ) noted, “DHS concluded that these individuals warrant favourable treatment under the immigration laws, because they “lacked the intent to violate the law, and are “productive” contributors to our society”, and “know no other country as home.” The SCOTUS also ordered the USCIS to “accept applications to determine whether these individuals qualify for work authorization during the period of deferred actions.”

The Migration Policy Institute (MPI) notes that as of March 2020, there were 643 560 DACA recipients, and estimates that 1 326 000 could be immediately eligible.
The Supreme Court ruled nearly four decades ago (Plyler v. Doe. 1982) that undocumented children of alien parents cannot be denied a public education. They are not responsible for the predicament they are in, because of the action of their parents. Further, the opinion noted, “There is no evidence in the record suggesting that illegal entrants impose any significant burden on the states’ economy….”

Far from being a burden and a drain on the services of the US economy, this particular group of migrants actually contributes to the economy. Ninety-one per cent are employed, with about 29 000 employed as healthcare workers, and 9 000 employed as teachers and teacher’s assistants. Five per cent of DACA recipients have started businesses, compared to three per cent of Americans, according to the CNN article. They pay $1.7b per year in taxes. Derek, still a student, is one of those employed ‘Dreamers’.  On weekends and holidays, he works with a landscaping company, where an uncle works.

Biden’s promise will give ‘Dreamers’ peace of mind, and ‘a fair shot of the American dream’, as he likes to tell it when speaking of the sacrifices made by his own father to support his family, and is sure to bring great hope for their future in the country they call home.