Commentary: My Fears of the DACA Block

By DONG SEONG LYU

The Supreme Court on Jan. 16 announced that it would hear the lawsuit of the 26 states challenging President Obama’s executive order, which stalled 5 million immigrants from being deported, and allow them to receive working visas.

The Deferred Action for Childhood Arrivals (DACA) was a program that President Obama established in June 2012, when the Dream Act had failed in Congress. Benefitting countless lives who had been raised in America, the undocumented immigrants who signed up for the program were mostly youths from other countries who came to America as youngsters. Never knowing what their native homeland was like, these youths, known as “dreamers,” only knew their lives as Americans.

So when I heard that Judge Andrew Hanen, a federal judge in Texas, proposed to block the DACA, I was shocked. As one of these youths, I’d know firsthand, how the dream of a “dreamer,” would turn into a nightmare. For one, my life in America would hang in the balance, and I would have to say goodbye to my loved ones. I would also have to go to a different school in Korea or wait for a student visa, which would only keep me from my education. Furthermore, as Korean law requires males over 18 to join the army, I would also have to be a serviceman without pay.

My Life In America

At the age of five, I came to America with my mother, from Seoul, Korea, to reunite with a father I never truly knew.  We lived in a small apartment in Little Ferry, N.J. The first week in America, my parents enrolled me into a public school, and I was completely petrified. As my world was only the Korean culture, being a child that never travelled anywhere else, I was afraid. Slowly, but eventually, my English improved through the help of a Korean friend and English as a Second Language classes.

As time went by, my English became better than my Korean, and I had completely integrated into the American culture. I couldn’t remember what my Korean hometown was like. Whenever people asked me where my hometown was, I’d respond with the town I was raised in Little Ferry, not the one where I was born.

At the age of 16, my parents told me that I never had any documents and this was when I discovered I was still an immigrant. Once again, my world had crashed. The ironic part of it all was how afraid I was initially of the American culture when I first came to America, and now at age of 21, I couldn’t even imagine myself back in Korea.

When DACA was introduced in 2012, I had sighed a breath of relief, being able to stay in the country for a little longer until I figured out how I could stay permanently. I applied for DACA, which lasts two years, however, because of the court case, I would have to wait for the court ruling before I can renew my status.

The Outcome of Either Favor or Against

According to the U.S. Citizenship and Immigration Services (USCIS), requirements for a DACA applicant would be:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Had no lawful status on June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

According to a USCIS statistic, 800,000 people had benefitted from the program from when it was established through fiscal 2015. Among the 587,366 individuals who were granted approval, one of them was a friend of mine from high school, who was in the same situation as me.

Fernando Espinoza, 21, a long-time friend and fellow DACA, said, “I was almost 10 years old when I came into this country by plane. I grew up in North Plainfield, N.J. Moved to Bergen County where I’ve lived for the past eight years.”

I asked him what his first job was as a “dreamer” and he replied, “I got a job as a part-time cashier in McDonalds.”

He talked about how neither one of us would be deported if the Supreme Court was in favor of the DACA.

However, Yale Law school professor Cristina Rodriguez believes that the risks are higher this time. She said in USNews, “I would be very nervous about DACA. In the other lawsuits against DACA, the petitioners weren’t the states, so if the court finds the states have standing, then DACA is in trouble if the states want to call it into question.”

The collaboration of the 26 states, makes this case even more dangerous for the DACA “dreamers” than it ever has before.

In a memorandum opinion and order, Judge Andrew Hanen, in a statement, said, “This program is designed to provide legal presence to four million individuals who are currently in the country illegally, and would enable these individuals to obtain a variety of both state and federal benefits.”

In response,  I’d like to say that none of us are trying to take advantage of the benefits in this program.  Our only crime was that we were raised here, and became a part of the American custom, and even fell in love with this country. And so by the time the case goes through, who knows what the outcome will be.

However, most of the “dreamers” out there are hoping for the Supreme Court’s favor.