Asian Fortune Your source for all things Asian American
By Jennie L. Ilustre
Some 700,000 Deferred Action for Childhood Arrivals (DACA).recipients, including 16, 000 Asians, can continue to stay in the U.S. to study and to work, albeit temporarily, based on a recent Supreme Court decision. Asian American advocacy organizations, such as the OCA-Asian Pacific American Advocates, hailed the decision and vowed to keep fighting for immigrant rights.
Remarked its Executive Director Rita Pin Ahrens: “The DACA program is overwhelmingly popular across party lines, and it is easy to see why. DACA recipients are the parents of over 250,000 US-born children, contribute $8.7 billion in taxes and represent $24 billion in spending power. Additionally DACA recipients include 43,500 healthcare workers, who will now be allowed to keep their livelihoods and remain with their communities.”
DACA is an Executive Order issued by President Obama in 2012. It allowed adults–who were under age 16 when they entered the U.S. without authorization–to stay in the country to study and to work without fear of deportation. To qualify, applicants should not have a criminal record, must have completed education or are attending school, must pay a fee, and register with the government. DACA has to be renewed every two years.
When he assumed office, President Trump called the Dreamers “incredible kids” and said he would try to address the problem “with a heart.” (The reference is based on the Dream Act, which repeatedly failed to pass in Congress).
But in 2017, he ended the DACA program, saying Congress should address the issue with legislation. The hitch: Senate will not consider any DACA-related legislation. The move to end DACA resulted in legal challenges, prompting the administration to resort to the Supreme Court to resolve the issue.
Essential Facts
- The Supreme Court ruling on June 18, in a 5-4 decision, is a victory for DACA recipients and their advocates – but at best, it is a temporary solution to the problem. The Trump administration can end the DACA program again at any time.
The Supreme Court did not issue an opinion on DACA. It ruled on the procedural and administrative flaws of the Department of Homeland Security’s memo ending the program. Advocates say this opens the door for the President to issue a new Executive Order ending the program.
The nation’s highest court stated: “We do not decide whether DACA or its rescission are sound policies…We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to refrain forbearance and what if anything to do about the hardships to DACA recipients.”
- Asian Americans Advancing Justice urges DACA recipients, as well as qualified Asians who are applying for the program for the first time, to consult a lawyer promptly. Reason: The DACA program could be ended again.
“The US Citizenship and Immigration Services or USCIS continues to accept DACA renewal applications. We encourage anyone who is considering applying for DACA for the first time or to renew their applications, to consult with an attorney first.” said Megan Essaheb, Director of Immigration Advocacy of the Asian Americans Advancing Justice, an affiliation of five civil rights organizations across the nation.
“We encourage people to prepare now and speak to an attorney about applying. The window may be narrow to apply for initial DACA as the government could terminate the program again. However, we expect that qualified applicants who apply will get to keep their DACA and work authorization for two years even if the program is terminated again,” she noted.
“Applications for first-time DACA applicants have not been reopened yet, but due to the Supreme Court opinion, we expect US Citizenship and Immigration Services to allow for new initial applications in the coming month,” she said. “People may check USCIS’s website for an updated announcement on when it will begin accepting initial applications again.”.
- “Legislation is the answer to the DACA issue,” Attorney Arnedo S. Valera said. The Virginia-based lawyer pointed out: “Whoever is President can end or uphold DACA. An Executive Order is temporary in nature, but legislation is long-term.” He also said it is long overdue to pass comprehensive immigration reform because “the nation’s immigration system is broken.”
In the aftermath of the Supreme Court decision, Senator Dick Durbin (Democrat, Illinois) renewed his appeal for Senate to pass legislation that would provide a path to legalization and citizenship.
Mainstream Media reports, painting several scenarios, noted the fate of DACA recipients is linked to the presidential elections on November 3 this year. They say a Democratic Party President would be expected to uphold DACA, and a Democratic Senate would be likely to pass DACA legislation.
- There is another option for DACA recipients, according to Attorney Michael J. Gurfinkel, a popular immigration lawyer. Gurfinkle suggested in his column for Philippine Star that DACA recipients can find ways to adjust their status. “If they have work authorization, and an employer is willing to petition them, that would be an avenue, if they are eligible to adjust status in the US, or are eligible for a provisional status. That’s why DACA recipients should consult with an attorney to determine if there are legitimate ways to legalize their status, rather than relying on their DACA authorization forever.”
- Asian American advocacy organizations promptly hailed the Supreme Court decision, and vowed to continue fighting for DACA recipients.
Remarked OCA-Asian Pacific American Advocates Executive Director Rita Pin Ahrens: “While the Supreme Court decision does not protect DACA forever, it does provide a reprieve for all of the communities waiting with bated breath. To them, we say: we will keep fighting for you, for DACA, and for the human rights of all immigrants.”
“We applaud the Supreme Court for stating that the Department of Homeland Security’s decision to end DACA is ‘arbitrary and capricious’ and its decision to allow the Deferred Action for Childhood Arrivals program to continue for the time being,” said Asian Americans Advancing Justice Executive Director John Yang.
He added: “We know that DACA is not a permanent solution. Ultimately, Congress must do its job to provide a pathway to citizenship for all immigrants without using them as bargaining chips for increased interior and border enforcement, or to restrict immigration for families and refugees. Immigrant youth have been fighting for permanent status for far too long, and we won’t stop fighting alongside them.”
Asian Americans Advancing Justice is a national affiliation of five leading organizations advocating for the civil and human rights of Asian Americans and other underserved communities to promote a fair and equitable society for all. The affiliation’s members are: Advancing Justice | AAJC (Washington, DC), Advancing Justice – Asian Law Caucus (San Francisco), Advancing Justice – Los Angeles, Advancing Justice – Atlanta, and Advancing Justice – Chicago.
Chinese for Affirmative Action (CAA) Immigrant Rights Program Manager Jose Ng said: “Immigrant communities welcome SCOTUS’s DACA decision halting the Administration’s plan to put an end to it. It’s a victory to our community! Let’s continue the momentum to build a pathway o permanent status for all DACA recipients and the broader undocumented community,
He added: “Community members with questions about this decision should consult with an immigration attorney to understand the implications of the ruling on their individual cases. CAA provides impacted community members pre-screening and referral services to trusted, low-cost, immigrant legal service providers. Community members may call (415) 761-3222 to schedule an appointment with CAA staff.
Silky Shah, Executive Director of Detention Watch Network declared on June 18: “Detention Watch Network applauds today’s Supreme Court decision. With today’s ruling, nearly 700,000 young people will not be subjected to aggressive raids, deadly detention centers, and life-altering deportations that already affect thousands of immigrants not benefiting from the program. Loved ones, community members, and co-workers will be able to stay in the U.S., because home is here.”
