Congress Seen as Solution Congress Seen as Solution

By Jennie L. Ilustre

 

Asian American and top mainstream organizations have expressed outrage over the recent ruling of a federal judge in Texas that the Deferred Action for Childhood Arrivals (DACA) is unlawful.

Current DACA recipients are not affected for now. Application renewals also can continue while the case goes to the courts. But the door has been closed on new applications.

“We are disappointed over the cruel DACA ruling from Judge (Andrew) Hanen, a judge who has a history of demonstrating hostility against immigrants.” John C. Yang, executive director of Asian Americans Advancing Justice|AAJC, said in an email.

“DACA has a firm legal standing, having been upheld by the Supreme Court last year,“ he pointed out. “And it is important to recognize that in the midst of the pandemic, more than 200,000 DACA recipients are essential workers, including health care workers.”

“We are calling on Congress to provide a permanent solution,” Yang stressed, pushing for the passage of the American Dream and Promise Act.  “And we emphasize that this is an urgent opportunity to protect our communities now through budget reconciliation.” He also urged the federal government to swiftly appeal this case.

DACA was 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, or had otherwise overstayed their visa–to stay in the country to live, study and to work without fear of deportation.

These children were not aware of their status. Many were raised and educated here, and advocates stress the U.S. is the only country they call home.

There were about 800,000 DACA qualified recipients when the program started in 2012. Of this figure, some 16,000 are Asians. Most are Hispanics. To qualify, applicants should be free of any criminal record, must have completed education or are attending school, pay a fee, and register with the government. DACA is renewable every two years.

 

AALDEF

Remarked Annie Wang, director of the Immigrant Justice Project of the Asian American Legal Defense and Education Fund or AALDEF: “DACA was never meant to be a long-term solution for undocumented youth. In light of Judge Hanen’s order and the uncertainty over DACA’s future, AALDEF stands with Asian and all immigrant communities to demand that Congress and the White House enact legislation that would provide a path to citizenship for young immigrants and others who are undocumented in this country.”

Since 2012, AALDEF has provided legal representation to undocumented Asian youth. AALDEF said DACA recipients who have questions or need assistance submitting their DACA renewals, “should consult with immigration attorneys and nonprofit legal service providers.”

RAISE is a pan-Asian, undocumented youth-led group affiliated with AALDEF. RAISE stands for Revolutionizing Asian American Immigrant Stories on the East Coast.

Reacting to the latest ruling on DACA, RAISE leaders said, “While this decision once again puts DACA recipients in danger, this case is bigger than DACA and temporary protections. “

“We refuse to perpetuate ideas of deserving and undeserving immigrants and the criminalization of our communities,” they stressed. “Our lives cannot be in constant limbo from court case to court case, which is why we need permanent relief for all 11 million undocumented people now.” The undocumented originally are from Mexico, Central America, as well as Asia and the Pacific Islands.

The leaders urged Congress “to act now and provide a long-overdue pathway to citizenship that is inclusive of all undocumented people through the budget reconciliation bill, as the lives of millions of immigrants hang in the balance.”

The day after the ruling, Huffpost news reported President Joe Biden called the ruling “deeply disappointing,” and announced that the Justice Department would appeal the decision.

Huffpost also reported Biden renewed his call on Congress to pass the American Dream and Promise Act ”with the greatest urgency.” He added that it was his “fervent hope that through reconciliation or other means, Congress will finally provide security to all Dreamers, who have lived too long in fear.”

 

Budget Reconciliation

“We are outraged at today’s politically motivated decision ruling against DACA,” said Philip E. Wolgin, Center for American Progress (CAP) Acting Vice President on Immigration Policy, on July 16. “This decision is cruel, unnecessary, and belies the many contributions that DACA recipients are making to the country at a critical time.”

The ruling “only underscores the need for Congress to take action to put Dreamers (and those eligible for Temporary Protected Status, farmworkers, and essential workers) on a pathway to citizenship ASAP,” Wolgin, using the popular acronym for As Soon as Possible.

He also welcomed the news that “a pathway to citizenship for these groups is being included in the Budget reconciliation talks – meaning that Congress could include legalization at a 51-vote threshold as part of broader recovery efforts.”

Currently, the Senate is tied with 50 Democrats and 50 Republicans. Vice President Kamala Harris can cast the tie-breaking vote in her role as Senate president.

 

DACA Recipients’ Crucial Roles

Aside from Wolgin’s comments, the Center for American Progress also issued a formal statement condemning the ruling.

“Today, more than 600,000 DACA recipients live and have built careers in the United States; they are the parents of 254,000 U.S.-citizen children and contribute $8.7 million in taxes each year,” CAP pointed out.

“As the country works to emerge from a public health and economic catastrophe that has claimed the lives of more than 550,000 Americans,” it continued, “200,000 DACA recipients–including an estimated 29,000 doctors, nurses, and technicians–have been on the front lines protecting the health and safety of Americans and putting their own health and safety and that of their families at risk.”

Across the country, there are 202,500 DACA recipients working to save American lives while risking theirs, and also helping ensure the nation’s health and education during the pandemic, according to CAP’s Nicole Prchal Svajlenka.

They are doctors and medical students, ambulance EMTs (emergency medical technicians), teachers, shipping crew, grocery workers and delivery workers. They are filling crucial roles “at a time when the United States is facing a critical shortage of workers” in these fields.

Remarked CAP’s Wolgin: “All of us know members of our communities who rely on DACA or have loved ones who do. CAP estimates that 254,000 U.S.-born children have at least one parent protected by DACA, and nationwide, 1.5 million people live with a DACA recipient.

The Center for American Progress is “an independent nonpartisan policy institute that is dedicated to improving the lives of all Americans, through bold, progressive ideas, as well as strong leadership and concerted action.”

 

DACA Recipient Speaks

Daishi Miguel Tanaka, a Filipino-Japanese undocumented activist, is an Immigration Policy Associate at Advancing Justice. He feels the anguish brought about by the twists and turns of the DACA program over the years.

“I extend my love and support to our friends and siblings in the undocumented community, who have likely felt like their foothold in this country we call home has been on the shakiest of grounds beyond our control,” he said in an email. “One out of every seven Asian immigrant is undocumented, and I know first-hand the benefits of DACA and feel the pain of having our family members left out.”

He added: “We know DACA has never been enough, and Congress has the power to finally pave a pathway to citizenship for the undocumented youth with or without DACA, TPS holders, farmworkers, essential workers, and our family members.”

He vowed that “we will continue fighting so that our aunties and uncles, Mèimei’s and Dídi’s, Lolo’s and Lolas (grandparents), and our Asian American immigrant community can one day finally breathe a sigh of relief.”