Undocumented childhood immigrants, the Dream Act and Deferred Action for Childhood Arrivals in the USA

Abstract

Purpose – The purpose of this article is to critically examine two possible solutions to the lack of citizenship rights of children who lack documentation. Many industrialized countries must deal with undocumented children who have resided in the country most of their lives. In the USA, immigrants brought as children by their parents illegally are not eligible to receive financial help in most states for higher education, receive federal health care, or obtain driver's licenses. Even if they are qualified, they cannot legally work. Design/methodology/approach – The article provides an in-depth analysis of the Dream Act and Deferred Action for Childhood Arrivals. The benefit of this study is to critically examine two possible solutions to the problem of undocumented children who have lived most of their lives in the USA. Findings – The two solutions are analyzed in terms of broader conceptions of citizenship and human rights. Citizen rights are contested rights in the USA for undocumented immigrants and their children. It is found that theories of immigration and citizenship do not adequately explain the situation of undocumented childhood arrivals. After compulsory public education, undocumented students’ lives are at the mercy of state and federal administration policies. Citizenship theory is analyzed as it applies to undocumented immigrants brought as children to the USA. Research limitations/implications – This paper is limited to undocumented children in the USA. Practical implications – The results point to the need for universal policies that will ensure young adults will have the critical resources and associated rights. Social implications – As Latinos become a large proportion of the US population, barriers to their continued education will impose significant economic and personal costs for individuals who have “identity without citizenship”. Originality/value – This is among the first academic paper to link undocumented childhood arrivals in the USA, citizenship theory and public policy.