Deferred Action Gains Ground Despite Initial Skepticism from Latino Community

Monica Santos-Pinacho is not undocumented. Yet, the 24-year old Washington State University Vancouver student, who moved here from Oaxaca, Mexico when she was nine, vividly remembers President Obama’s announcement on June 15 that ushered in the Deferred Action for Childhood Arrivals process for undocumented immigrants seeking a path towards temporary residency.

Santos-Pinacho, a senior majoring in business, traveled to University of Washington with staff from the WSU Vancouver financial aid department for a conference focused on generating support for undocumented students. In a twist that Santos-Pinacho credits to fate, Obama announced the new process to the nation just as the room full of Latino rights activists prepared to convene.

“Everyone seemed shocked at the announcement, but quickly a new energy took over, some cried and others shouted. Then the phones began ringing and didn’t stop. I had seven missed calls in less than a minute. My phone was flooded with text messages,” said Santos-Pinacho. “The majority of contact people from across the state—people serving as resources for undocumented students—had came to that meeting, and everyone was calling us to ask whether this was something they could trust.”

Although congratulations and tears accentuated many of the phone calls, fears that the program would put undocumented immigrants at risk of deportation proliferated the conversation both at the conference and later on a national level. With President Obama seeking reelection, skepticism as to whether the process would last into the next presidential term seemed inevitable.

“If this proves successful and the American public, for the most part, is supportive, it could help break the logjam,” predicted Latino Educational Achievement Project President Ricardo Sanchez during an interview conducted just weeks after the Obama administration started accepting applications. “Even if Romney is elected, I don’t believe it will be easy for him to overturn deferred action. If he tried, it would create a firestorm across the U.S. by advocates, and it would begin in Washington right here in this office.”

Although the political uncertainty surrounding the process largely ended after Obama’s reelection, other factors have generated concern from the undocumented community.

To be eligible for the temporary two-year residency, applicants must have come to the United States before the age of 16, received a high school diploma or equivalent, have not been convicted or a felony or a significant misdemeanor and be within the age range of 15 to 31. Applicants must also pay a filing fee and present documents that prove they meet the guidelines.

For some youth, the $465 filing fee and long list of required documents remain a daunting task that may ultimately deter them from applying for deferred action.

“I know of students who wanted to pursue graduate school, but it’s hard to pay for graduate school even if you have access to financial aid and can legally work,” said Bola Majekobaje, assistant director of Student Diversity for WSU Vancouver. “Now with deferred action, I think there is a pathway for students to access a work permit, but there is challenges in terms of getting the right documentation and paying to file paperwork.”

The program’s guidelines also fueled further uncertainty with concerns about the definition of a “significant misdemeanor,” confusion about what qualifies as “currently in school” and fears of information being shared with other government departments leaving some hesitant to apply.

Despite these barriers and initial skepticism, deferred action has captured the national spotlight as more applicants have taken advantage of the process.

Since the process opened to applicants on August 15, more than 300,000 have filed deferred action requests with the Department of Homeland Security. This number represents one-third of the estimated 900,000 undocumented youth eligible for the process. The number of eligible youth may be even higher, with one pew research center study estimating that as many as 1.7 million youth may benefit from deferred action.

Whether or not the number of applicants will increase with Obama’s reelection, and subsequent promises of immigration reform, remains to be seen. But, regardless of whether the reelection brings a new interest in the process, Santos-Pinacho will always have a page marked on her calendar for June 15.

“It’s one of the best days I remember,” said Santos-Pinacho. “You can never plan a moment like that. Call it fate or what you will, but, whatever it was, it was amazing.”

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