Frontera Fund News

5 Common Misconceptions After Supreme Court Ruling 4-4 on DAPA, DACA+

Written by Carmen Cornejo

1. Current DACA beneficiaries cannot renew again.
The original Deferred Action for Childhood Arrivals enacted by President Obama on June 15, 2012 is not affected by the latest Supreme Court Decision and does not have an expiration date. Beneficiaries can re-submit and renew their Deferred Action before the documents expire.
DACA beneficiaries are encouraged to continue with their regular lives and follow the directions for renewal, so the process is done on time and you do not accrue illegal presence.

2. Dreamers who submitted their DACA application for the first time won’t be approved.
Undocumented individuals who are reaching the age of 15 and fulfill the rest of the requirements of the initial DACA will not be affected by the 4-4 decision of the Supreme Court and must apply. There are important benefits for DACA grantees including a reprieve from deportation and the documentation (work permit and social security number) that would bring many great opportunities to their lives.

3. The Supreme Court decision was the worst thing that could happen to the community.
Not necessarily. Although it is true that it was a great disappointment for possible grantees, their families and advocates, the possibility exists for the discussion to be readdressed by the Supreme Court. If the Supreme Court would have denied the Obama administration the right to use its executive powers on immigration, it would have created a precedent limiting the President’s power.
The lack of agreement on the issue, along with the lack of commentary, leaves the door open for the future.

4. Parents and older DREAMers are now subject to deportation.
No. There are policies already in place to prioritize deportation efforts. On the top of this list of priorities are people with a criminal past and (unfortunately) some of the refugees that entered the country recently. Persons without a criminal record and with long ties with the community (especially those that would have been covered by DAPA and DACA+) have a good chance of staying permanently in the country.

5. After the decision, there is nothing left to do.
There are plenty of things to do!
• Network with immigrant groups to protect your family from deportation.
Have a good immigration attorney’s contact information ready at all times.
• Remember that DAPA and DACA+ happened in a very political environment. We need to elect a President and members of Congress who have immigrant rights in their heart and will potentially vote for immigration reform.
• Volunteer your time with organizations to register citizens to vote and mobilize citizens to participate in the upcoming elections.
• Keep in mind that it is just a matter of time before something good will to come to our community.