Senator and 2020 Democratic presidential candidate Kamala Harris’ bold proposal to use executive authority to open a pathway to citizenship for some undocumented youth—as well as her plan to reinstate and expand the Deferred Action for Childhood Arrivals program while also shielding the undocumented parents of U.S. citizens and permanent residents—could affect as many as 6 million immigrants. Here’s how it would work.
“One of the executive actions Harris would take, is to establish a ‘parole in place’ program,” Vox reports. “Under the Immigration and Nationality Act, only immigrants who are ‘admitted or paroled’ into the US are eligible for legal status. Harris’s action would make it so DREAMers are considered ‘paroled,’ and therefore in the US legally, which would enable them to apply for a green card if they had a spouse who is a citizen.”
Harris’ plan states, “Currently, the INA is interpreted as barring many Dreamers from adjusting their immigration status because they’ve failed ‘to maintain continuously a lawful status since entry.’ However, the INA includes an exception for immigrants whose inability to maintain status was, according to the statute, due to ‘no fault of [their] own.’ Harris will issue a rulemaking clarifying the term ‘no fault of [their] own’ includes being brought to the U.S. as a child.”
“We pored over the INA to find a path to citizenship for Dreamers via executive action,” tweeted Harris’ deputy policy director, Corey Ciorciari. “In memos back and forth, Harris asked for caselaw citations (bluebooked!) to show the plan would hold up in court.” A number of top law and immigration experts believe she’s right. “Harris’s approach is innovative and would likely withstand legal scrutiny, said David Leopold, an immigration law expert who provided the campaign with feedback on the proposal,” Vox reports. “This, in my opinion, will stand up to any assault in the courts,” he said.
Simultaneously, Harris proposes reinstating and expanding DACA, which would give immediate security and stability to undocumented youth. Because DACA has been only partially resurrected by the courts, both first-time applicants and young kids who would have been aging into eligibility are barred. “Every day we don’t act to protect Dreamers is a day our country is failing an important moral test,” the plan states. “That’s why Harris will reinstate DACA immediately upon taking office.”
The plan continues, “Harris will also expand DACA by eliminating the requirement that Dreamers apply before they turn 31 years-old, raising the age at time of entry from 15 year-old and under to 17-years old and under, allowing little Dreamers under 15 years-old to apply for protection with parental or guardian consent, increasing the two-year term of DACA protection to three years, and updating the cutoff date for entry into the United States.”
Experts also believe that Harris’ proposal to shield the undocumented parents of U.S. citizens and residents from deportation can withstand a court challenge, unlike President Obama’s effort in 2014, which was blocked by a federal judge. Writes Vox, “The judge justified his decision by arguing that the establishment of DAPA did not use a specific rulemaking process.” Washington University in St. Louis law professor Stephen Legomsky says that “Harris’s proposal would address this issue.”
As Harris’ plan notes, the end goal should and must always be comprehensive immigration reform that is passed through Congress into law and addresses all 11 million undocumented immigrants currently in the U.S. “But while she fights to reform our laws,” it continues, “Harris will do everything within her legal authority as president to roll back Donald Trump’s anti-immigrant agenda and build a future that lives up to America’s values.” Read the full plan here.