For the first time since President Donald Trump tried ending DACA in 2017, undocumented immigrants brought to the U.S. as children are once again allowed to apply for work authorization and protection from deportation.
The change was announced Monday night on a government website following Friday’s order by Brooklyn federal judge Nicholas Garaufis, who had given the administration three days to comply.
“It's like, wow, we finally did it,” said Ximena Zamora, 18, of Queens. She met her lawyer in person Tuesday morning to fill out the forms at a park, to minimize the risk of exposure to COVID-19. “It was very cold, but definitely very exciting and I'm very happy to have this opportunity again because hopefully third time’s the charm.”
Zamora said she first planned to apply for Deferred Action for Childhood Arrivals (DACA) back in 2017, but was shut out. The Trump administration decided to wind down former President Barack Obama’s program in September of that year. No new applications were allowed. Since then, only current DACA recipients have been able to renew their status as states and immigrant advocacy organizations sued to restore the program.
In June, the plaintiffs were vindicated when the U.S. Supreme Court ruled that the Trump administration violated the law by the manner in which it ended DACA. But Zamora and other first-time applicants were still denied an opportunity because Acting Homeland Security Secretary Chad Wolf only allowed current recipients to reapply, and only for one-year renewals instead of the full two-years. He also made it harder for them to travel abroad.
Zamora joined an ongoing lawsuit by Make the Road New York, which was among many immigrant advocacy groups and states including New York that sued to fully restore DACA. Last month, Judge Garaufis ruled that Wolf didn’t have the power to create a more limited version of DACA, that prohibited first-time applicants, because he wasn’t legally appointed to his role.
The government has said it could still appeal. But with President-elect Joe Biden pledging to fully restore DACA when he takes office in January, the Trump administration is running out of time.
Immigrant advocates are now spreading the word on how to apply for DACA. They kept checking government websites on Monday, the deadline Garaufis set for the government to comply with his order. Later that night some New York area groups held a meeting on Facebook Live.
Allan Wernick, director of CUNY Citizenship Now, said the city university campuses each have immigrant community liaisons who can help students learn how to apply. “We'll be sending emails to our students and contacts as well,” and setting up weekly online sessions. He added that his program has already been getting a “substantial” number of calls and emails since last month’s ruling that the government must allow new applications.
Those who turned 15 since September 5th, 2017 are eligible, the date Trump ended DACA, so long as they meet the education and legal requirements.
New York City estimates about 30,000 residents currently have DACA and another 45,000 are eligible. Nationally, more than 600,000 immigrants have DACA and the plaintiffs in the lawsuit estimate 300,000 more can now apply for the first time.
Jessica Young, a supervising immigration attorney at Make the Road New York, said first-time applicants don’t need a lawyer. But those with any prior legal problems or arrests should consult with one. The application might also be difficult to fill out during the pandemic.
“Anyone who wants to apply for an initial application has to show evidence they’ve been continually present in the country since before June 15th, 2007,” she explained. “That’s the real burden. A lot of people when they first come to the country don’t have a good paper trail.”
She said many use pediatric and school records. The application costs almost $500 and different private groups offer financial assistance.
Despite the pandemic, Young said she doesn’t foresee any obstacles to spreading the word because the target population is young and savvy. They “can get their way around the Internet,” she said. “That makes the information more accessible to them.”
Zamora, who applied on Tuesday, said she graduated from high school in June and is planning to start classes in January at Baruch College. She didn’t even know she was undocumented until she began researching colleges and her father explained that she didn’t have a Social Security number and therefore wouldn’t be allowed to work legally, or apply for certain programs.
That’s made it hard for her to save money for college tuition. Undocumented students can’t get federal financial aid, though there are state programs.
With DACA, she said, “I will be able to get a better job” for textbooks and school supplies. She could also travel to Mexico, a country she left when she was two years old. “Maybe I could visit my grandpa because he’s pretty old right now,” she said. “That would be, like, another step.”
