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.”

Uncovering the DREAM: 2012 Political Climate Sparks Renewed Interest in Stalled Legislation

The DREAM may fade and fluctuate with each congressional session and political cycle, but the dream does not die.

An acronym for “Development, Relief, and Education for Alien Minors,” the DREAM Act has attempted to provide a path to residency and education for undocumented immigrants since the Senate first introduced the bill on Aug. 1, 2001. The bill, which has repeatedly stalled and restarted in U.S. Congress for more than a decade, has gained new prominence due to the 2012 elections and ongoing efforts in states like Washington to provide financial aid to 1079 students.

Key to this bill—and its relevancy to this blog series—is the emphasis it places on higher education.

Although the eligibility stipulations change each time Congress reintroduces the bill, the DREAM Act would offer six years of conditional permanent residency to undocumented residents of “good moral standing” who have graduated from U.S. high schools, arrived in the United States as minors and have lived in the country continuously for at least five years prior to the bill’s enactment. Within those six years of conditional residency, DREAM Act beneficiaries must complete two years of college or serve two years in the military. Those who have met all terms within the allotted time would obtain permanent residency status.

The Latino/a Educational Achievement Project has encouraged students to lobby for the issues that affect them. Pictured here in Olympia with Rep. Tina Orwall. (Photo credit: LEAP)

Ricardo Sanchez, founder and chairman of the Latino/a Educational Achievement Project (LEAP), has done significant lobbying at the state level for the DREAM Act and 1079 students. Sanchez attributes part of the DREAM Act’s repeated legislative defeats to extreme partisanship and a “no compromise” attitude amongst some members of Congress.

President Obama renewed the political debate this past June after initiating the “Deferred Action for Childhood Arrivals” program. Deferred action incorporates elements of the DREAM Act, and offers two-year work permits to undocumented immigrant youth who meet certain criteria.

“Deferred action does not change immigration law, which is the job of Congress; it uses an administrative remedy called prosecutorial discretion that has been available to Homeland Security,” said Sanchez. “The difference is Obama ordered it to be used for individuals meeting certain conditions.”

Both deferred action and the DREAM Act have faced particular criticism from some political conservatives who perceive them as “amnesty programs” that reward illegal behavior.

“The President’s amnesty program is a magnet for fraud and abuse,” said U.S. House Judiciary Committee Chairman Lamar Smith in a public statement. “While potentially millions of illegal immigrants will be permitted to compete with American workers for scarce jobs, there seems to be little if any mechanism in place for vetting fraudulent applications and documentation submitted by illegal immigrants.”

This political polarization on immigration has heightened with the 2012 elections and presents a significant hurdle to 1079 students in Washington who would benefit from the DREAM act. In addition to the stipulation requiring two years of college, the DREAM Act proposes access to student loans and work-study for eligible undocumented immigrants. While they would not receive grants, the addition of loans and work-study access would bolster academic opportunities for Washington’s 1079 students.

Although deferred action offers no provisions for financial aid, HB 1079 supporters see the program as an opportunity to further advocate for 1079 financial aid at the state level. LEAP recently began the push for opening Washington State Need Grant eligibility to 1079 students.

For the 1079 students at Washington universities, that would mean the same consideration for the state need grant as the rest of their peers. At Washington State University, that comes roughly to an average of $6000 per eligible student. This would likely lead to less dependency on private scholarships and more students attending the university.

Pending the results of the 2012 elections, the future of the DREAM Act and 1079 aid remains up in the air. Support must come from both political parties in order for the DREAM Act and 1079 financial legislation to pass.

“Don’t lose hope,” said Sanchez when asked what advice he could offer to those waiting for the DREAM Act to pass. “Know that we are continuing to fight and one day, it will happen. I believe this. Just as it was inevitable that civil rights legislation would change the course of this country, I believe the righteousness as well as the educational and economic imperatives will eventually win out.”