Pass DACA Bill, Congress Urged

By Jennie L. Ilustre

Asian American advocacy leaders renewed their call to the U.S. Congress to pass legislation protecting nearly 825,000 recipients of the Deferred Action for Childhood Arrivals (DACA), including 16,000 Asians.

This developed even as advocates welcomed the news on January 23 that the Supreme Court had declined to take up the government’s appeal on DACA during this term. The government’s position, as previously reported by the top Politico news site, states that “DACA was implemented unilaterally after Congress declined to extend benefits to this same group of illegal aliens. As such, it was an unlawful circumvention of Congress.”

DACA was an executive order signed by President Obama in 2012. DACA recipients entered the U.S. without authorization when they were children or teenagers. Most are Hispanics who entered through the U.S.-Mexico border, accompanied by relatives or adult companions.

The DACA program provides temporary relief from deportation. It grants a two-year renewable permit to work and study in the U.S. In 2017, President Trump ended the DACA program, and urged action by Congress instead. Lawsuits followed the termination of DACA, prompting the Trump administration to go directly to the Supreme Court for a final decision.

Asian American advocates noted that the Supreme Court could still include the case in October in its docket next term, with decision likely in 2020. That is, unless the 116th Congress, which opened on January 3, re-files and approves the DREAM Act.

DREAM stands for the Development, Relief, and Education for Alien Minors, the reason DACA recipients are also referred to as Dreamers. Congress did not act on “The Dream Act of 2017,” filed by Senator Lindsey Graham (Republican, South Carolina) and supported by top Senate Democrats, Minority Leader Charles Schumer (New York) and Dick J. Durbin (Illinois).

The 2017 Dream Act sought to grant conditional residency status and eventually, permanent residency to DACA recipients – and others who entered the country as children without legal authorization. The bill sets certain requirements, including no felony convictions, payment of fines, and learning the language, among other things.

Temporary Relief

Remarked Asian American civil rights advocate Jon Melegrito: “It’s heartening to know that the courts continue to assert themselves in blocking Trump’s cruel policies. Congress must find a way to provide a path to citizenship for these Dreamers, and not be used as a political football by the administration. Providing temporary relief is not the solution.” During the government shutdown, President Trump had offered extending DACA and the Temporary Protected Status for refugees to the Democrats in Congress, in exchange for their support for $5.6 billion to build the wall in the U.S.-Mexico border.

“The U.S. Supreme Court correctly decided not to hear the Trump Administration’s appeal request this term, which will allow young immigrants to continue to work, go to school, and stay with their families,” said  John C. Yang, president and executive director of Asian Americans Advancing Justice | AAJC.

He added: “Several courts have ruled that the administration’s attempt to end DACA in 2017 was unlawful. This President has endangered the future of tens of thousands Asian Americans and Pacific Islanders who have DACA and TPS. We ultimately need Congress to provide a permanent solution for our immigrant youth and immigrant families that does not cause harm to other communities, on the border or elsewhere,” he stressed. (TPS refers to Temporary Protected Status for refugees.)

Jason Tengco, Executive Director of the National Federation of Filipino American Associations (NaFFAA), said, “Naffaa renews its call for Congress to pass the DREAM Act and comprehensive immigration reform that unites families, rather than divide them.” NaFFAA National Chairman Brendan Flores declared, “Naffaa stands in solidarity with diverse community organizations fighting for the nearly 800,000 young individuals – including nearly 5,000 Filipinos – who have benefitted from DACA so that they can reach their full potential.”

Attorney Arnedo S. Valera, Executive Director of the Migrant Heritage Commission (MHC), reiterated his appeal for a broad immigration reform. “We urge President Trump to sign comprehensive immigration reform bill into law once Congress finds the will to approve such a measure. Legislation is the best response to fix our broken immigration system. An executive order can be rescinded or reversed at any time.”

Mainstream advocates have also urged congressional action. In an article posted in its website on January 23, Nicole Prchal Svajlenka, Center for American Progress (CAP) senior policy analyst of Immigration Policy, stressed that “…only Congress can offer a permanent and durable solution for Dreamers. It is long past time for Congress to protect them.”

RenewMyDACA.com

Advocates have urged DACA recipients to renew their applications. CAP’s Svajlenka expressed concern that recipients “with DACA expirations in January, February and March 2019 – 47,000 Dreamers in total – have not yet submitted renewals.”

Gregory A. Cendana, former Executive Director of the AFL-CIO Asia Pacific Labor Alliance (APALA), now the President and Co-Founder of Can’t Stop! Won’t Stop! Consulting, said: “It’s a huge procedural victory to slow down the Trump Administration’s efforts to repeal the protections that DACA provides for many immigrant youth in this country. For those who are eligible for renewal, please visit RenewMyDACA.com on how to apply and for financial support. If you’re looking to ensure more youth receive protections without financial costs being a barrier, you can donate at DacaRenewalFund.com.”

“In these turbulent times, we must keep focus on communities most impacted and continue fighting for racial, economic and broader social justice,” he added.

Americans Favor DACA: Polls  

Surveys consistently show most Americans, regardless of party, favor extending DACA. In September 2017, ABC News reported that “a vast 86 percent of Americans support a right to residency for Dreamers.”

On January 18, 2018, The Hill newspaper ran a story, “Poll: Nearly 9 in 10 want DACA recipients to stay in the US,” citing a CBS News poll. The survey showed “87 percent” favored allowing Dreamers “to stay in the U.S. if they meet certain requirements, such as working or going to school.” A CNN opinion piece pointed out that DACA recipients have become productive members of society, paying taxes and serving in the army. On February 28, 2018, a CNN poll showed 80 percent of Americans support continuing the DACA program and this support “remains high and bipartisan.”