Dreamers are desperate and full of doubts about their future, after a federal court in Texas dealt a severe blow to the program that protects them from deportation since the Obama era: Deferred Action for Childhood Arrivals (DACA, for its acronym in English).
US Judge Andrew Hanen ruled on July 16 that the government could no longer process DACA applications.
The decision took many people by surprise because, in 2020, the US Supreme Court rejected then-President Donald Trump's effort to dismantle that program, leaving it almost intact.
[A federal judge prohibits the approval of new DACA applications but allows to continue renewing existing ones]
After Hanen's ruling, the government of President Joe Biden
announced the cancellation of appointments for immigrants who have requested, for the first time, protection of deportation
under that program.
“I was very confident that they would approve me, because I am a good candidate.
I qualify for the program, ”said Inés Martínez, 19, who is a DACA applicant, in an interview with NBC News, sister network of Noticia Telemundo.
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The only thing that got between Martinez (who lives in California) and getting a job was an official approval letter from the immigration agency.
She was eager to work to finish paying for her car and save the money she needs to study communications and international studies at a university.
But the letter never arrived.
["If you have DACA, you keep your DACA": who are affected by the ruling of a federal judge against the program that protects dreamers]
After investing so much time, money and effort,
"for this to happen twice now, it's just devastating
," Martinez said.
Although DACA renewals will continue to advance, the ruling blocked the approval of new applications, throwing Martinez and thousands of applicants into uncertainty.
"Defend DACA".
People take part in a protest in favor of a path to citizenship included in the infrastructure plan in New York.Getty Images
The Citizenship and Immigration Services (USCIS) indicated on its website that "it is
taking immediate steps to comply with the order of the Federal Court
of the Southern District of Texas" that suspended the processing of new cases, and not allows granting protection.
[The Government plans to review thousands of cases of immigrants deported by the Trump Administration]
From January to March,
USCIS received more than 50,000 applications for DACA
after it announced that it would begin accepting applicants for the first time in December.
But most of the requests were not processed because, according to the agency, obstacles related to the pandemic limited its capabilities amid increased demand.
Here we answer some questions about the impact Hanen's decision on DACA will have and what comes next for people who want to apply for that program.
1. If the Supreme Court already ruled that DACA could continue, why do they now say it is illegal?
Legal expert Kevin Johnson, who specializes in immigration law, explained in The Conversation that the Supreme Court did not decide whether DACA, established by President Barack Obama in 2012, was legal.
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That ruling only established that in its efforts to end DACA,
the Trump Administration did not follow the procedures required by the federal Administrative Procedure Act.
The court ruled that President Trump's attempt to end DACA was "arbitrary and capricious" because, among other things, it did not take into account the serious alteration of the lives of beneficiaries who had relied on that program to make their life decisions. .
["It's now or never": these migrants call for immigration reform to be included in Biden's infrastructure plan]
In doing so, Trump violated the Administrative Procedure Act, and
therefore his attempt to invalidate DACA was illegal.
As a result, those who were already protected by DACA would maintain their legal status.
In the recent ruling, Judge Hanen looked at a different action that was taken by another president: the Biden Administration's decision to resume accepting new DACA applications.
But its ruling was based on the Supreme Court's analysis of President Trump's attempted termination of DACA.
Hanen found that
the current government resumed processing the applications without complying with the procedures set out in the Administrative Procedure Act
, which requires public notification and comment on the policy.
That is why it ruled that the Biden Administration could not accept new DACA applications.
[Fast in Washington to Demand Immigration Reform: "It's Time for Congressional Leaders to Act"]
2. What does the Texas court's decision mean for current DACA recipients?
According to Johnson, Judge Hanen's ruling only prohibits the approval of new DACA applications
.
It does not change the status of the approximately 690,000 people already enrolled in the program.
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Current beneficiaries can still apply for renewal every two years.
The Biden Administration will likely continue to grant such renewals, unless there is a change in the applicant's circumstances, such as a serious criminal conviction.
Currently, current DACA recipients are protected from deportation, but
the government can no longer offer the same protection to other undocumented immigrants
who were brought to the United States as children, even if they technically meet the conditions for entry into the program.
[A group of Dreamers will be able to travel outside the US and return legally after suing the Government]
3. What's Next in the DACA Debate?
President Biden has said that he will appeal Justice Hanen's ruling and that ultimately the Supreme Court could take the case.
If the measure is overturned by a higher court, the Biden Administration could approve new DACA requests
, Johnson explains in The Conversation.
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The courts are not the only place where DACA legal issues can be addressed.
Biden, immigrant rights advocates and Congressional Democrats, including Senator Dick Durbin,
are
now
calling on lawmakers to pass legislation that permanently protects DACA recipients.
The American Dream and Promise Act of 2019 - introduced to Congress during President Trump's campaign to end DACA - would provide a path to citizenship for current beneficiaries of the program.
That immigration reform would give them durable legal status, instead of the temporary and revocable guarantee of deportation that DACA offers them.
[Biden meets with dreamers in the White House to push forward his immigration reform, stuck in Congress]
After the latest court decision, 19-year-old Michelle Lainez called some of her friends on FaceTime and cried.
“
I'm a little tired of being resilient.
I protested, I organized mobilizations for the decision of the Supreme Court.
And now I have to do the same thing again, ”Lainez, who lives in Maryland, said in an interview with NBC News.
"This keeps happening, and it's disheartening."
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In March, Lainez submitted her application and had her biometrics taken two months later.
Because she believed her DACA approval was almost a given, she began applying for her certified nursing assistant license and was waiting for her work permit to start working.
"I had so many offers, but now that my application has been paused, I can't even go to interviews
," Lainez said.
Although the Justice Department plans to appeal the court's decision, the ruling has reignited calls from immigration advocates to pressure Congress and the Biden Administration to come up with a permanent solution, not just for DACA-eligible youth but also for the millions of undocumented immigrants living in the United States.
“We can no longer just focus on DACA.
It's about everyone
.
You have to find a path to citizenship
, it's not just about fixing DACA, ”Lainez said.
“I want a permanent solution, because we deserve it.
We will not beg for that.
We are demanding it, because we work for that ”.
With information from The Conversation and NBC News