Virginia Governor Vetoes Bill That Would Allow "Dreamers" to Work as Police Officers

 Posted on July 24, 2024 in Uncategorized

This year, Virginia lawmakers considered a bill allowing those under the Deferred Action for Childhood Arrivals Act (DACA) to train for and join law enforcement in the state. Younkin vetoed the bill, stating it could "undermine public safety" and "protect illegal immigrants."

In response to criticism of the veto, Youngkin stated that the Virginia Department of Criminal Justice Services can offer waivers for noncitizens who are permanent residents to serve as law enforcement officers on a case-by-case basis. Since most of the support for the bill came from Democrats, an override of the governor’s veto—which requires a two-thirds vote—is unlikely.

At Immigration Legal Advisors, PLLC, our immigration attorneys can help with DACA-related issues and many other immigration services. Our attorneys have over 20 years of combined experience helping those with immigration-related challenges. We understand the stress and frustration these issues can cause.

Who Are Dreamers?

A "Dreamer" is an undocumented immigrant who came to the United States as a child. As of 2023, the following statistics apply to Dreamers:

• Nearly 2.3 million immigrants could potentially have a pathway to U.S. citizenship via the 2023 Dream Act. This number is about one-fifth of the total undocumented immigrants in the United States.

• As of September 30, 2022, about 590,000 Dreamers had active DACA status. Nearly that many more could not access DACA protections because a federal judge has prohibited the government from processing these applications.

• Best estimations believe another 600,000 school-age Dreamers do not yet meet DACA eligibility requirements because they came to the U.S. too recently.

• More than 1.5 million of those who would be covered under the 2023 Dream Act are younger than 30 years old.  

• Most Dreamers who live in the U.S. entered the country when they were very young and have resided here for more than ten years.  

• About half of those eligible under the 2023 Dream Act were born in Mexico; 17 percent are from Asian Countries, another 17 percent were born in Central American countries, seven percent are from European countries, and seven percent are from South American Countries.

What Are the Current DACA Laws?  

The Deferred Action for Childhood Arrivals, or DACA, was implemented during the Obama administration. DACA temporarily shielded Dreamers from deportation, providing them work authorization with a possible renewal every two years, but DACA was not and is not lawful immigration status. DACA was ruled against in Texas by a U.S. District Court, which found it unlawful, citing a similar decision by the U.S. Court of Appeals in 2022. The current administration has appealed the decision. Despite the bipartisan Dream Act of 2023, hundreds of thousands of Dreamers could eventually lose their protection from deportation as well as their work authorizations.     

Do Other States Allow Dreamers to Serve as Police Officers?

In January 2024, California made history when the first DACA recipient joined the UC Davis Police Department in California. A California law removed the citizenship requirement for peace officers, extending that provision to the California Highway Patrol. California DACA beneficiaries have been allowed to work as attorneys and doctors and even join the military, but until this new legislation, they could not serve as peace officers.  Colorado and Illinois have also passed laws that allow Dreamers to become law enforcement officers, and Wisconsin lawmakers have introduced a bill similar to the one vetoed in Virginia.

Contact a Fairfax County, VA Immigration Attorney

If you are a Dreamer with questions regarding your status or have a different immigration issue, an experienced Herndon, VA immigration attorney can help. The legal team at Immigration Legal Advisors, PLLC is committed to serving immigrants who wish to come to the U.S. or bring loved ones to join them. Both of our attorneys speak fluent Spanish and have a deep understanding of state and federal immigration laws. Call 571-441-2233 today for skilled assistance with immigration-related challenges.