By Marivir R. Montebon
New York City – Filipino lawyers warned against the social cost of rescinding the Deferred ActionFor Childhood Arrivals (DACA).
Immigration lawyer Nicolas Caraquel said, “With DACA being rescinded, all those will soon be gone. Work permits cannot be renewed as well as their opportunity to legally earn. While USCIS will not proactively provide personal information to ICE, the danger of being deported is becoming real as soon as their DACA permits expire.”
Caraquel, a member of the American Immigration Lawyers Association, said that when DACA was first introduced in June 2012 through an executive order by Pres. Obama, it gave hope and opportunities not only to the Dreamers but to their families as well.
“Opportunities in the sense that the Dreamers can legally work, earn for themselves and support their families,” he said.
The DACA was considered unconstitutional as amendments to immigration laws are subject to Congress. Pres. Trump called for the ‘winding down’ of DACA until Congress passes protection measures to Dreamers.
According to Caraquel, the young men and women directly affected by the DACA rescission will get back those opportunities and hope, if Congress will pass a bill giving them back those privileges due on March 5, 2018.
Meanwhile, Loida Nicolas Lewis, Chair of the US Pinoys for Good Governance and an immigration lawyer criticized Pres. Trump for his action.
“Once more, this President chooses to be inhumane and insensitive to the young people we call Dreamers who have known no other country but the USA. They are Americans for all intents and purposes,” she said.
Ninotchka Rosca, Filipino novelist and founder of the feminist group AF3IRM said, “the Trump administration is such a puzzle. Other governments in the world would prize 800,000 young people educating themselves and acquiring skills. No wonder China’s beating the US in tech innovation. The Republican bar for intelligence is too low.”
Pres. Obama issued a strong criticism of Pres. Trump’s decision to rescind the DACA. “Whatever concerns or complaints Americans may have about immigration in general, we shouldn’t threaten the future of this group of young people through no fault of their own, who pose no threat, who are not taking away from the rest of us,” his Facebook post read.
According to the EO, all DACA benefits are provided on a two-year basis, hence, individuals who currently have DACA will be allowed to retain both DACA and their work authorizations (EADs) until they expire.
USCIS will adjudicate, on an individual, case by case basis.
Properly filed pending DACA initial requests and associated applications for employment authorization documents (EADs) that have been accepted as of Sept. 5, 2017.
Properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of the date of this memorandum, and from current beneficiaries whose benefits will expire between Sept. 5, 2017 and March 5, 2018 that have been accepted as of Oct. 5, 2017.
Individuals who have not submitted an application by Sept. 5, for an initial request under DACA may no longer apply. USCIS will reject all applications for initial requests received after Sept. 5.