On July 16, US District Judge Andrew Hanen of the US District Court for the Southern District of Texas ruled that the Deferred Action for Childhood Arrivals (DACA) policy is unlawful. This decision does not immediately harm the over 600,000 individuals that have previously attained lawful status while protected under DACA or that have had their DACA applications approved. However, it does effectively halt the DACA review process for approximately 60,000 immigrants currently hoping to receive protection and work authorization through the program.
According to USCIS, DACA provides a two year period, with possible renewal, during which the individual recipient is protected by deferred action. Authorities will not seek to deport the protected individual during that window of time. During this time period, the individual is also authorized to work in the United States. However, DACA does not provide a direct pipeline to citizenship.
DACA specifically protects individuals that first came to the United States under the age of 16. In addition to the age requirement, USCIS examines several guidelines before granting DACA to an applicant, such as educational status and criminal background. Approximately 6,000 individuals have received DACA approval in Massachusetts.
Local Boston nonprofits have seen the impact firsthand on these individuals. “One of our recent program graduates came over with his mom, went to high school here locally, and got his diploma. He’s spent most of his teens here in the US. When he came to our training program he was waiting for his DACA approval. He did so well in our program that some of the companies wanted to hire him even before he graduated, but now he’s not sure if he will ever get a job because of what’s gone down in the courts,” said George Lumpkins, Program Manager for Asian American Civic Association’s Green Automotive Maintenance Skills training program.
Boston Mayor Kim Janey called the decision “very disappointing. Immigrants who came to the US as children should not have their futures abruptly disrupted. Congress needs to provide a permanent pathway to citizenship for our Dreamers now.”
Hanen’s decision states that Congress has not granted the Executive Branch the power to determine an individual’s lawful presence in the US. The decision contends that former President Barack Obama overstepped his statutory powers and prevented immigration officials from enforcing provisions of the Immigration and Nationality Act previously passed by Congress.
This ruling effectively halts new DACA applications. Daniel Pereira, Director of Communications at the Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA), expressed his disappointment about the ruling and characterized it as “a political action and statement by opponents of immigrants in the US.”
Pereira wanted to make sure to let immigrants know that the ruling “does not impact current DACA recipients. It impacts new applicants… If you have current DACA status, and need to renew it, you can still do it. You are still eligible.”
President Joe Biden committed on Saturday to having the Department of Justice appeal the decision. The US Supreme Court has the discretion to hear or reject the appeal.
Even if the US Supreme Court decides to entertain the appeal, the last time DACA came before the court, Supreme Court Justice Ruth Bader Ginsburg voted to maintain the legality of the program in a narrow 5 to 4 victory. Since she passed, Ginsburg’s seat has been filled by Justice Amy Coney Barrett, a nominee of former President Donald Trump.
If the US Supreme Court maintains Hanen’s decision, immigrant advocates can still push Congress to pass legislation that makes DACA lawful. However, advocates do not feel that this is enough.
Pereira thinks Hanen’s decision is “a sign, as an indication, that we need more, more than DACA. DACA is a temporary solution to a more prominent issue – how do we get a more equitable pathway to citizenship for the 11 million people living without status in the US… What we need to see is a broader pathway on the national level for all immigrants living currently without status.”
US Senator Ed Markey put forth a statement echoing this sentiment. He characterized the ruling as “an outrageous decision that will senselessly terrorize young people who were brought here by their parents. Congress must do everything possible – including passing immigration reform in reconciliation – to protect Dreamers.”
Boston residents who are concerned that they might be impacted by this recent DACA ruling can visit national websites – unitedwedream.org, informedimmigrant.com, or readytostay.org – for updated information. People with additional questions can email the Mayor’s Office for Immigrant Advancement at immigrantadvancement@boston.gov or call (617) 635-2980 for a free, brief consultation with a volunteer immigration lawyer.
United States House of Representatives – From the Office of Greg Stanton, Public domain, via Wikimedia Commons
