A federal judge has saved DACA temporarily. What does the new ruling mean for Texas?
Judge D. Bates of Federal District Court for the District of Columbia this week overruled the Trump administration's efforts to end the Deferred Action for Childhood Arrivals (DACA) program.
The program gives protection and work permits to undocumented immigrants who were brought into the United States as children. The Department of Homeland Security, which oversees DACA, has 90 days to present better reasons to end the program.
Bates' decision Tuesday was a ruling in the cases of NAACP v. Trump and Trustees of Princeton University v. Trump. It requires the Trump administration to resume the program that has protected DACA recipients from deportation.
The Star-Telegram asked Kathleen Campbell Walker, an attorney in El Paso and a former national president of the American Immigration Lawyers Association, and Natalia Lopez, an immigration attorney in Fort Worth, to break down the impact and context of this decision.
The following questions and answers have been edited for clarity.
What does this ruling mean for DACA recipients? What does it mean for the Trump administration?
Kathleen Campbell Walker: The judge allowed the Department of Homeland Security 90 days to clarify its explanation on why it canceled the program. If it fails to do so, then USCIS must accept and process “new as well as renewal DACA applications.” The Department of Justice has indicated that it will vigorously defend its decision to end DACA. The Trump administration had urged Congress to pass a legislative solution. If this ruling is upheld on appeal, then thousands of new Dreamers could potentially apply for work authorization and renewals would continue as well. Approximately, 700,000 current DREAMERS must renew their work authorization every two years. For those potential DACA applicants who had not yet reached the age of 15, the ruling could give them an opportunity to apply in the future.
Natalia Lopez: If you already have DACA, it does not affect you. If you never applied for DACA and you qualify, you may have a chance to apply. We must wait 90 days to see how the government responds. [For Trump], it means a third defeat regarding his intent to stop DACA.
How does it affect people who qualify for DACA but don’t have it?
Kathleen Campbell Walker: The ruling can open the door, if it stands on appeal, to allow new applicants to apply for DACA benefits.
Natalia Lopez: It means they now have the possibility of being protected under DACA. But must wait 90 days to see how the government responds.
How does Texas benefit from DACA? What effects will this ruling have specifically in Texas?
Kathleen Campbell Walker: Employers are able to continue to rely on a workforce that presents work authorization cards based on C33 status, since renewals may continue. In addition, younger potential DACA beneficiaries, who will reach or have reached the age of 15, may qualify to apply as new recipients of DACA benefits.
As to Texas stats, according to USCIS, as of Sept. 4, 2017, Texas had 16.4 percent of active DACA recipients (113,000), which is the second largest total behind California. So, our state has many who benefit from ongoing renewals. As to potential new applicants, one can only speculate that with a higher proportion of active beneficiaries, there may be a higher number of younger siblings who might now, or in the near future, qualify.
Natalia Lopez: Texas like any other state will benefit by having more students in their schools and universities. As far as the economy, DACA recipients are eligible to work and must pay taxes, and therefore there is more money being poured into the economy.
What challenges do you foresee for DACA recipients going forward? What challenges do you foresee for the Trump administration in trying to end the program?
Kathleen Campbell Walker: President Trump has appeared to waffle in his level of support for DACA beneficiaries. Certainly, the future may hold a legislative end or remedy to the DACA challenge.
Natalia Lopez: Challenges will be whether a path to legal permanent residency and citizenship is ever provided now that DACA has resumed. DACA is a temporary fix. It provides a work permit but not a permanent solution like a green card or citizenship. Hopefully, just because DACA continues, it doesn't mean that the full DREAM ACT is taken off the table. We want a permanent solution. [The Trump administration ] has to better explain their reasoning for rescinding the DACA program. It has failed to explain its conclusion that the program was unlawful. No court has ever found DACA to be unconstitutional.
This story was originally published April 25, 2018 at 3:59 PM with the headline "A federal judge has saved DACA temporarily. What does the new ruling mean for Texas?."