On December 4, Judge Nicholas Garaufis of the United States District Court in Brooklyn, New York ordered the Trump administration to restore the Deferred Action for Childhood Arrivals (DACA) policy to its original state during the Obama administration. Garaufis demanded that as early as December 7, the Department of Homeland Security (DHS) would have to begin accepting applications again, not just renewals. The fight to have DACA reinstated has been a long one, according to the executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA) Eva Millona.
“It has been a saga the entire time, since the announcement of DACA in the first place as a temporary solution,” said Millona. “… We’re really grateful that the courts played a major role in DACA and other issues, given what this administration has done with executive orders and others. But December 4 was really a real gift to the DACA community and, generally speaking, to all the advocates for DACA.” She added, “There are 730 DACA recipients in the United States from China. But when the Trump administration attacked the program in the past, it created an enormous amount of anxiety for people.”
DACA is an immigration policy that began in 2012 under the Obama administration, allowing individuals with unlawful presence in the U.S. who came to the country as children to receive two years of deferred action from deportation and a work permit. According to an article by NPR, DACA currently protects 640,000 undocumented young immigrants. In 2017, the Trump administration attempted to dismantle it, planning to phase out the program. While many lawsuits challenged this action, in July 2020, DHS secretary Chad Wolf blocked all new applications and reduced the renewal permits from two years to one.
Since the restoration of DACA, Boston organizations have been taking steps to support immigrants applying for protection. MIRA will be helping applicants with their fees, providing a referral system to MIRA members, continuing advocacy, and developing education and outreach plans through platforms such as social media. The Mayor’s Office for Immigrant Advancement’s director Yusufi Vali said that the City will encourage as many people in need of DACA to apply, spreading the word and connecting immigrants with nonprofits who are ready to help. Bethany Li, director of the Asian Outreach Unit at Greater Boston Legal Services, said that their offices are prepared to provide support with forms as well.
Prior to the restoration of DACA, many undocumented immigrants lived in a state of “limbo,” particularly with the added complications of the coronavirus pandemic. While she said that the policy is not a permanent solution, the need for programs like DACA is present.
“Despite the fact that it’s a temporary solution, DACA does provide work authorization for undocumented young people who qualify. That, ultimately, can be life changing,” said Li. “I’ve represented people who have gone from only being able to go to school one day a week, working thirteen hour shifts at take-out restaurants, to graduating from an Ivy League college, as a result of receiving DACA. Seeing how DACA has been able to help some undocumented young people, you can only imagine what it might mean to find a permanent solution for everyone. Because ultimately, people are still living in limbo. They are subject to the political whims of politicians. Even if they have DACA right now, that’s not even thinking about the rest of their families. It doesn’t mean anything for undocumented kids to remain in the country if their parents are also undocumented and deported.”
Millona said that while she is hopeful that the Biden administration will restore DACA to what it was under Obama as soon as possible, she believes more extensive reforms are necessary. The Dream and Promise Act, a more inclusive bill, would help set immigrant youth and holders of temporary protected status or deferred enforced departure on the path to citizenship. Li said that while DACA is a progressive step in the short term, immigrants need legislation that will impact an even broader range of people.
“I hope that the Biden administration is thinking about solutions for all undocumented people and not just a small sliver of people,” said Li. “I think that a solution that doesn’t consider the needs of all undocumented people in the United States isn’t a real solution. [We need to pass] legalization for all undocumented people. That includes adults, that includes young people, that includes people with criminal records — that includes everyone.”
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