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The political history of the Dream Act and DACA

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Washington, D.C. (July 17, 2025) – In the latest episode of the Parsing Immigration Policy podcast, host and the Center’s executive director Mark Krikorian sits down with Gaby Pacheco, an Ecuador-born “Dreamer” and President and CEO of TheDream.US.

Krikorian, a long-time critic of Deferred Action for Childhood Arrivals (DACA), and Pacheco, now an American citizen, discuss the history and politics of the Dream Act and DACA.

Opportunity Lost: Despite holding 60 Senate seats during the first year of the Obama administration, Democrats chose not to move a legislative amnesty for Dreamers – illegal aliens who entered the United States at a young age.

What is DACA?: Having failed to pass an amnesty for Dreamers, President Obama bypassed Congress in 2012 and through executive action created DACA, which provides some of the benefits of the Dream Act, including protection from deportation and employment authorization, to certain illegal aliens who entered the U.S. before age 16. Its legality has been the subject of litigation.

Origins of the Idea for DACA: Pacheco recounts how, having failed to pass the Dream Act through Congress, the administrative approach of DACA was inspired by a 2003 private bill by Sen. Lindsey Graham (R-S.C.) and the Temporary Protected Status (TPS) program, which provides “temporary” protection from deportation and work authorization eligibility for nationals in the U.S. of countries that have experienced natural disaster or civil strife.

Trump’s 2018 offer: The Trump administration proposed a legislative package that would have given proper legal status to DACA recipients and other DACA-eligible illegal immigrants, covering perhaps as many as 2 million people, in exchange for key reforms in the legal immigration system. It failed in the House.

Looking ahead: Will Congress address DACA?
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Much of Obama’s Lawless Immigration Scheme Still Unknown ([link removed])
President Obama’s “Deferred Action” Program for Illegal Aliens Is Plainly Unconstitutional ([link removed])

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