A day before the US Citizenship and Immigration Services was scheduled to receive applications for Obama’s program known as Deferred Action on Childhood Arrivals (Daca) expansion, District Judge Andrew Hanen issued a temporary injunction. This ruling will temporarily put a hold on the implementation of Obama’s immigration programs.
Joseph was looking forward to filing his application for his employment authorization document. Having entered the United States when he was 10 years old, his parents never took necessary steps to legalize his stay.
On Nov. 20, 2014, when President Barack Obama announced his executive actions expanding the Daca, he became hopeful about getting a temporary work permit. Joseph completed his degree in computer science from a state university but could not get a better job because he does not possess a work permit.
When he heard about the temporary injunction on Obama’s executive actions, Joseph was disheartened and is now apprehensive again about his situation.
States’ lawsuit
In the case of Texas v. United States of America, a lawsuit was filed by 26 states against Obama’s executive actions. The plaintiffs questioned the constitutionality of the executive actions as it bypassed the US Congress on an immigration matter. This case is pending before Federal District Judge Andrew Hanen of Brownsville, Texas.
Judge Hanen was a nominee of George W. Bush, assigned to the United States District Court for the Southern District of Texas. He is a known conservative who has been a critic of Obama’s immigration policies. So when the decision to suspend the implementation of the program that will offer work permits and offer a three-year reprieve from deportation was issued on Nov. 16, 2014, immigrant advocates were not surprised.
The Obama administration has already announced that they are filing an appeal to a higher court on this decision.
In the meantime, thousands of undocumented Filipinos, potentially eligible for the Dapa (Deferred Action for Parental Accountability) and Daca programs of the executive actions in question and who are similarly situated as Joseph, are anxious about the effect of this injunction. The excitement about filing for benefits under the executive actions was suddenly cut short by this temporary injunction. It was an affirmation of the uncertainty of the executive actions, which validates the skepticism of many on Obama’s Daca and Dapa programs.
There is always the concern whether coming out of the shadows means risking one’s fate to becoming vulnerable and risk being sent back home to the Philippines after the three-year deportation reprieve is over. There are some who are placed in a situation of accepting any type of odd job just to earn and be able to send money to their families back home.
The fear of the consequences of the unknown may deter many from filing. Yet, there are also many who are hopeful as this may just be a one-time opportunity to obtain work permits. Thus, to some this may be a poisoned apple. To others, this is an apple that is already ripe and should be picked before it rots and falls to the ground.
Many experts agree that the Nov. 16, 2014 district court judge’s injunction is only a temporary hold and that full implementation of Obama’s executive actions will just be a matter of time.
The author may be reached at law@tancinco.com, www.tancinco.com, facebook.com/tancincolaw or at [02] 721-1963.