U.S. Deportation of DACA Recipients Raises Concerns Over Policy

A series of recent incidents has highlighted a troubling shift in the enforcement of immigration policies affecting recipients of the Deferred Action for Childhood Arrivals (DACA) program. In October 2023, Yaakub Vijandre, a DACA recipient and mechanic, was arrested at his Dallas-area home by federal agents. This arrest is part of a broader trend that suggests a more aggressive stance towards DACA recipients under the current administration.

Vijandre’s arrest occurred as he was preparing for work when six vehicles arrived at his home. Agents reportedly detained him, citing social media posts as a reason for the action. The DACA program, initiated in 2012, was designed to protect individuals who were brought to the United States as children, allowing them to live and work without the fear of deportation. However, changes in immigration policy have led to heightened scrutiny of DACA recipients, particularly regarding their online activities.

The Trump administration has indicated that it will no longer provide warnings to DACA recipients if their status is at risk. Instead, individuals may face immediate detention. Tricia McLaughlin, Assistant Secretary for Homeland Security, stated that those claiming DACA status are not automatically protected from deportation. She emphasized that DACA does not grant legal status and that recipients can lose their protections for various reasons, including criminal activity.

Vijandre’s case is not isolated. According to the advocacy group Home is Here, approximately 20 DACA recipients have been arrested or detained since President Trump took office. This includes individuals like Catalina “Xóchitl” Santiago Santiago, who was arrested in August despite holding a valid DACA work permit. Santiago and another individual, Paulo Cesar Gamez Lira, were held for more than a month while their attorneys sought their release, raising concerns about the government’s procedures in these cases.

Critics argue that the administration’s actions indicate a deliberate effort to undermine the DACA program. Juliana Macedo do Nascimento, a spokesperson for the youth-led organization United We Dream, remarked that while it may not be an outright attempt to dismantle DACA, the administration is systematically eroding its protections.

Legal challenges to DACA have persisted since its inception. The program survived a major threat when the U.S. Supreme Court ruled in June 2020 that the Trump administration had not followed the proper legal procedures to rescind it. Yet, recent rulings from the 5th Circuit Court of Appeals have imposed new restrictions, including a decision that limits work permits for DACA recipients residing in Texas.

The situation for DACA recipients is further complicated by policy changes affecting their access to resources and rights. In the past year, 19 states led by Republican governors have sought to remove DACA recipients from health insurance programs under the Affordable Care Act. Additionally, the number of states offering in-state tuition to immigrant students has decreased significantly.

Legal representatives for DACA recipients contend that the government must provide valid reasons for any actions that threaten their clients’ status. Marisa Ong, an attorney representing both Santiago and Gamez Lira, asserted that the government had failed to present evidence of any past misconduct during their detention proceedings.

As the legal landscape continues to evolve, DACA recipients like Vijandre face uncertainty. He remains in a detention facility in Georgia, with the potential of deportation to the Philippines looming over him— a country he has not visited since he emigrated to the U.S. in 2001 at the age of 14. The gravity of this situation underscores the ongoing debate surrounding immigration policy and the future of DACA in the United States.