A significant number of Indian-American children face deportation risks after turning 21 and “aging out.” These children, numbering around 250,000, are mostly from families of legal immigrants, many of whom are Indians.
At a daily news conference, White House Press Secretary Karine Jean-Pierre mentioned, “I talked about the bipartisan agreement that came together from the Senate where we negotiated a process to help the so-called documented Dreamers. And sadly, Republicans… voted it down twice. They voted it down twice.”
Last month, a bipartisan group led by Senator Alex Padilla and Representative Deborah Ross urged the Biden Administration to protect over 250,000 Documented Dreamers. These children of long-term visa holders risk losing their dependent status and facing self-deportation if they can’t secure another legal status by age 21.
Twelve years and 800,000 Dreamers later, DACA stands – allowing Dreamers who’ve lived here for most of their lives to work lawfully, pursue an education, open businesses, and make our communities stronger.
Congress must provide permanent stability for them and their families. pic.twitter.com/9RyHpFkXqp
— President Biden (@POTUS) June 15, 2024
Who Are Documented Dreamers?
Documented Dreamers are children who enter the US as dependents on their parents’ temporary work visas. Under US immigration law, they lose eligibility for this dependent status when they turn 21.
Challenges They Face
Once they turn 21, many Documented Dreamers risk losing their legal status. They must either find another temporary visa, become undocumented, or leave the country. They are also seeking legislation to allow them to retain their legal status after turning 21.
Characteristics of Documented Dreamers
These individuals hold visas like H-1B, E-1, E-2, and L-2. For example, H-1B visas are for foreign professional workers, while L-1 visas are for intracompany transfers. Dependents of these visa holders enter the US on H-4 or L-2 visas, which expire when they turn 21 or when the principal worker’s visa expires.
Green Card Backlogs
Many children age out of their parents’ visas due to long waits in the green card queue, exacerbated by a 7 per cent per-country cap. Experts predict the backlog could grow to 2.4 million by 2030, with most affected being Indian and Chinese nationals. For skilled Indian nationals, the wait time for a green card can be up to 89 years.
Why Documented Dreamers Aren’t Included in DACA
The Deferred Action for Childhood Arrivals (DACA) policy, introduced in 2012 by the Obama administration, protects around 800,000 young people who entered the US unlawfully. However, DACA does not offer permanent legal status and requires renewal every two years.
Applicants must meet several criteria, including having no lawful status as of June 15, 2012. Court rulings have ended DACA, preventing new applications, including from eligible Documented Dreamers.
