GOOD NEWS for qualified young undocumented immigrants: On Tuesday, April 24, U.S. District Judge John D. Bates called the Trump administration’s decision to end the Deferred Action for Childhood Arrivals (DACA) program “virtually unexplained” and therefore “unlawful.”
This will effectively resume the DACA program after President Donald Trump tried to shut down the Obama-era initiative that temporarily protects qualified young undocumented immigrants brought into the United States as children from deportation.
Even better news: Bates’ ruling not only gives a green light for DACA recipients to apply for renewal, but also orders the Department of Homeland Security (DHS) to accept new applications from qualified “Dreamers.”
However, Bates stayed his ruling for 90 days in order to give the DHS a chance to provide more solid reasoning for ending the program.
The Filipino Channel’s daily newscast “Balitang America” had Fil-Am lawyer and immigrant rights advocate in the studio on Wednesday, April 25, and she gave the following advice to DACA-qualified young undocumented immigrants on what to do during the 90-day period. Here’s the gist of the interview:
Gel: While waiting for the 90-day stay, what can new applicants do to prepare for this?
Atty. Lou Tancinco: This recent ruling by the federal judge favors those who now meet the DACA requirements and are filing for the first time. It also applies to those who are qualified before, did not apply and are filing for the first time.
While waiting for the 90 days, the potential new DACA applicants may prepare their documents to meet the DACA requirements. Among the documents to prepare are their birth certificates to show that they turned 15 years old at the time of filing, proof of their entry prior to turning 16 years old, their proof of physical presence and their school records. Those who are in removal proceedings, with removal orders or [especially] those who have criminal history must consult with a professional legal counsel before filing for DACA.
Gel: If the DHS fails to make its case within 90 days and this ruling stands, does this mean DACA will be kept in place for good? Or are there still threats to it?
Atty. Tancinco:
Even with these decisions and after 90 days, the DACA remains a temporary relief only and will not be kept for good. The process of rescinding it was unlawful for not following the proper procedure under the APA. There is no guarantee now that the government will attempt to terminate it in due time.
Gel: DACA does NOT provide a pathway to citizenship for these young undocumented immigrants. Where are we now in terms of passing legislation in Congress that would provide them permanent help?
Atty. Tancinco: During the congressional hearing on the budget, no DREAM Act or legislation benefiting the DACA was passed into law. Right now there are several bills pending awaiting approval by Congress. The most appropriate will be the DREAM Act (H.R. 3440 and S.1615) which will provide a path to naturalization to dreamers after five years in conditional permanent resident status. I urge viewers of BA to contact their legislators to pass the DREAM Act.
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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
