The uncertain future of documented dreamers: Children of Indian-Americans at risk of deportation

This risky situation leaves them facing uncertainty and potential separation from their families which is the only home they have known.

According to an analysis by the National Foundation for American Policy of US Citizenship and Immigration Services (USCIS) data, over 1.2 million Indians, including dependents, are waiting in the employment-based green card categories as of last November.

The Plight of Documented Dreamers

Documented dreamers are young individuals who enter the US with their parents on non-immigrant visas, such as work or study visas. While they can potentially gain permanent residency through their parents, they must do so before turning 21.

If they fail to secure permanent residency by age 21, they lose their protected status and are no longer eligible for a green card, leaving them vulnerable to deportation and an uncertain future, as reported by the American Immigration Council.

The Challenge of Turning 21

Upon turning 21, these children age out of their temporary legal status derived from their parents’ visas. They then face potential deportation unless they can obtain another temporary or permanent status on their own.

Children of H-1B visa holders are admitted to the US on H-4 dependent visas, which grant them temporary residence for a restricted duration.

However, upon reaching adulthood at 21, their H-4 status lapses, leaving them without a clear immigration path forward.

Roshan, who grew up in the US for 16 years after arriving at age 10, was forced to leave the country in June due to aging out of his dependent status.

Despite graduating from Boston College with an Economics degree, he had no clear path to return or continue contributing to the US.

Dip Patel highlights the consequences of inaction: every day, young adults raised by skilled workers and small business owners are forced to leave, separating them from families and preventing contributions to the country.

The administration has seen numerous examples of American-raised STEM and healthcare talent contributing abroad due to immigration barriers.

Patel emphasizes the economic and moral imperative to act, citing bipartisan support and economic benefits.

He urged the administration to prioritize this issue, as all major administrative actions have excluded this population from relief, despite available tools.

Excluded from DACA Protections

Until they reach 21, documented dreamers are excluded from the protections and work authorization offered by the Deferred Action for Childhood Arrivals (DACA) program, which requires recipients to have had “no lawful status on June 15, 2012.”

Most documented dreamers cannot meet this requirement due to their lawful status, thus disqualifying them from DACA protections.

Government Response and Legislative Gridlock

White House Press Secretary Karine Jean-Pierre pointed fingers at Republicans for the stalled legislation, stating that a bipartisan Senate agreement aimed at assisting documented dreamers was thwarted when Republicans rejected it not once, but twice.

This move has left the issue at a standstill, with no clear path forward for these young immigrants.

In a letter sent on June 13, a bipartisan group of 43 lawmakers, led by Senator Alex Padilla, called on the Biden administration to take swift action to safeguard the futures of documented dreamers.

“Due to the long green-card backlog, families with approved immigrant petitions often wait decades for permanent resident status,” the lawmakers stated in a June 13 letter.

The ongoing legislative impasse leaves many young immigrants in a precarious situation, highlighting the urgent need for comprehensive immigration reform to address the challenges faced by documented dreamers.

(with inputs from PTI)

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