Courts jostle over DACA, casting a cloudy future for Charlotte ‘Dreamers’| Charlotte Observer

By DJ Simmons

Read more at: DACA rulings leave the program and Charlotte Dreamers’ in limbo | Charlotte Observer

With federal courts jostling over the Deferred Action for Childhood Arrivals program, its future hangs in limbo — affecting thousands of recipients in Charlotte and across North Carolina.

Recent activity pulled the Obama administration policy back in the headlines — judges from the 5th U.S. Circuit Court of Appeals who ruled against DACA earlier in October, said it needed more review. That decision sent it back to a lower court judge, who now ruled the program can remain temporarily, with limitations, as he reviews Biden administration revisions made in August.

For Marisela Ceniceros, a Charlotte mother of two DACA recipients, a new worry is now front and center — how a potential reversal could affect families like hers.

“Right now because it’s on hold there’s no way to determine if or when DACA will end,” Ruth Santana, an immigration attorney with Charlotte Center for Legal Advocacy, said. “That uncertainty for immigrants is very unsettling to say the least.”

DACA rulings leave the program and Charlotte Dreamers’ in limbo | Charlotte Observer

Protecting Dreamers: Response to Fifth Circuit Court of Appeals Remand of DACA Litigation

On October 5, 2022, a federal appeals court found the Deferred Action for Childhood Arrivals policy, known as DACA, in violation of U.S. immigration law.  The Fifth Circuit Court of Appeals upheld a lower court’s ruling that the program was illegal and remanded the case back to the lower court.   The lower court will now consider the Department of Homeland Security’s policy to codify DACA. 

Charlotte Center for Legal Advocacy calls on Congress to take action to provide permanent protection for “Dreamers”, those immigrants brought to the United States as children.  Since its inception as a temporary measure in 2012, the legal uncertainty surrounding DACA has left “Dreamers” to live in limbo with precarious immigration status.  The fate of the policy should be taken out of the court system and a clear path to citizenship must be created.

As Sharon Dove, Immigrant Justice Program Director shared:

“One thing we hear ‘Dreamers’ tell us is that they can’t take anything for granted. They can’t get attached. Their lives here are not permanent. And that’s just a terrible way that we make them live.”

This new court ruling will leave the current injunction in place, allowing those currently enrolled in the DACA program to renew their status.  However, new DACA applications will not be approved.  Those impacted by this decision are encouraged to contact their immigration lawyer for assistance. 

If you believe “Dreamers” deserve a clear path to citizenship, urge your members of Congress to act to develop permanent protections for immigrant youth:

Action Alert: Supreme Court Sides with DACA Recipients, Providing Relief for Immigrant Youth and Their Families

This decision emphasizes that DACA is right, and that for DACA recipients and their families: home is here.   

Today, the Supreme Court ruled to uphold the Deferred Action for Childhood Arrivals (DACA) program in a 5-4 ruling that said the Trump administration’s reasoning for ending the program was “capricious and arbitrary.”  

In the decision for the majority, Chief Justice John Roberts wrote: “We do not decide whether DACA or its rescission are sound policies. We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.” 

Chief Justice Roberts added that the administration could try again if it provided adequate reasons for shutting down the program.

A joint statement from Charlotte Center for Legal Advocacy, Comunidad Colectiva, the Hispanic Federation, Action NC and Latin American Coalition:  

Today’s decision is a testament to what happens when directly impacted communities demand change. The Supreme Court sided with the American people- who overwhelmingly support the DACA program- and rejected the decision to deport immigrants who are American in every sense except by law.

This decision protects the lives of nearly 700,000 current DACA recipients, including more than 24,000 in North Carolina, and their families from deportation-for now. This decision affirms what we have always known: immigrants make America great. It comes as our country continues to struggle under COVID-19. During this time, DACA recipients and immigrants broadly have played critical roles in supporting our health systems and economy. 

Currently, 29 percent of all physicians, 38 percent of home health aides and 23 percent of retail-store pharmacists are foreign-born. Immigrants also make up a large proportion of essential staff in grocery stores, hospitals, sanitation and transportation. According to the Department of Homeland Security, nearly one-third of DACA recipients work in these essential jobs.
With this decision, DACA recipients and their families can continue to live safely in our community. Nearly 250,000 children in this country have a parent with DACA status. Since the Trump administration rescinded the program in 2017, immigrant youth, their families and allies across the country have been fighting to protect DACA. While this decision gives needed relief for DACA recipients and their families, immigration and deportation threats are far from over. 

Charlotte immigration advocacy groups including the Latin American Coalition, Hispanic Federation, Charlotte Center for Legal Advocacy, Comunidad Colectiva, and Action NC call on the Trump administration to respect the decision of the Supreme Court and not try to end the program again. The administration must also instruct U.S. Citizenship and Immigration Services (USCIS) not to share information that DACA recipients and their families have voluntarily given to the government with ICE.  

As we celebrate today’s decision, we also acknowledge how much more fighting for change there is still to do. While this decision is a welcome relief for many, there is still much to be done to protect the DACA program and its beneficiaries. One step is for people to make their voice heard by voting in the November election.  

This decision follows weeks of courageous organizing and protests from Black people and allies across the country to demand an end to police brutality, white supremacy and a call to reallocate police resources in ways that strengthen our community safety net. We stand with the immigrant and Black community and commit to fighting for their stability and safety.

Each of our advocacy groups are here to support dreamers and DACAmented individuals during this time. On Thursday, June 18 at 7 p.m., Comunidad Colectiva will hold a Facebook Live with more information about what this decision means and what to expect as we move forward.  This victory is for the youth and their families who are fighting the good fight. Today, the Supreme Court stood with the immigrant community, protecting their right to work and thrive in the place they grew up, the place they call home. 


Our Asks for Next Steps 

  • Demand that USCIS immediately begin accepting new DACA applications and continue DACA renewals, restoring the program to its original state before termination.
     
  • Call on Congress to pass permanent protections and solutions that help these beneficiaries, including extensions of TPS work permits, protections from deportation for immigrants, and benefits in any future stimulus package to address COVID-19.
     
  • Call on state and local leaders to get ICE and CPB out of our communities and sign onto our pledge as well as working to provide free COVID-19 testing, treatment and services for all, regardless of immigration status.
     
  • In solidarity with Black people, we call for the investment in community initiatives that strengthen Black and Brown communities, as well as changing laws and enforcement policies to end the systemic mass incarceration of people of color.
     
  • An immediate suspension of the Public Charge rule

Share this message 

The Supreme Court ruled in favor of upholding the DACA program today, but the fight to protect DACA continues. 

Share this message with your networks and encourage those who need assistance with DACA to contact Charlotte Center for Legal Advocacy for more information on what to do next.  

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