February 18, 2015

Will injunction make some immigrants afraid to apply?

Undocumented immigrants already were leery about coming forward to apply for President Barack Obama's programs offering protection from deportation.

But now they may be even more reluctant to apply after a federal judge put the programs on hold Monday.

The judge's ruling has raised fears that participating in the programs could actually make them more vulnerable to deportation if the programs are terminated later on, immigrant advocates say.

"I think it's going to be pretty huge. People who had expressed an interest in preparing for this and applying will really take a step back, and not do anything," said Ayensa Millan, a Phoenix immigration attorney.

Obama announced in November that he was taking action on his own to shield some 4 million undocumented immigrants in the country from deportation. He expanded a program he created in 2012 offering deportation protections to undocumented immigrants brought to the U.S. as children, known as "dreamers."

The president also created a new program offering similar protections to undocumented immigrants with children who are U.S. citizens.

The expanded program was supposed to begin accepting applications today followed by the program for undocumented parents in May.

Late Monday, however, U.S. District Court Judge Andrew Hanen ordered the Obama administration to put the programs on hold until the legal merits of a lawsuit filed by 26 states including Arizona can be determined.

The lawsuit argues that Obama did not have the legal authority to create the programs and therefore they should not be implemented.

U.S. Rep. Matt Salmon, R-Ariz., called the ruling a "victory for our Constitution."

"In defending the ability of Congress to set a policy contrary to the whims of a president, the court has wisely chosen to side with freedom over the autocratic maneuvers of an out-of-control executive," said Salmon, who has led an effort by Republicans in Congress to repeal Obama's immigration programs by stopping funding to them.

Chilling effect

The ruling appeared to have a chilling effect on undocumented immigrants such as Phoenix resident Marisela Lopez. The 32-year-old from Mexico said the injunction has given her second thoughts about applying for the program for undocumented parents.

She has three children who were born in the U.S., making them citizens of this country. She said she had already started gathering the long list of documents she will need to prove she qualifies.

"It's made me scared to apply," Lopez said of the judge's ruling, "because I don't know if it's going to continue. What if I am approved and then they take it away?"

"I think the best thing to do is wait and see what happens," she added.

That has become a common sentiment among undocumented immigrants, said Millan, the immigration lawyer.

Many undocumented immigrants were thrilled when Obama announced his executive actions on immigration in November, she said.

But they have grown increasingly hesitant to apply as Republicans have stepped up efforts to repeal the programs, she said.

To apply, undocumented immigrants will be required to submit dozens of documents proving they have U.S. citizen children, have resided continuously in the U.S. since Jan. 1, 2010, and were present in the U.S. when Obama announced the program on Nov. 20. They will also be required to submit fingerprints and pass background checks.

Many also are concerned that even if the programs are implemented by the Obama administration, the programs might be terminated later on by Republicans in Congress or by a Republican president after the 2016 election, Millan said.

A common question she said she hears from undocumented immigrants is, "What if a new president comes in? Will I be removed" from the country?

"A lot of people are terrified of Congress and any new president that might come on board. That is definitely going to deter people from applying," she said.

Others like Ana Diaz, 47, worry about losing the $465 application fee if the programs are later terminated.

"What if we pay and then (the program) doesn't go through?" she asked.

Diaz and her husband, Joel Ruiz, 47, who is also in the country illegally, have lived in the U.S. for 27 years. The couple from Guadalajara, Mexico, have three children, two of whom were born in the U.S. That makes the couple eligible for Obama's deferred-action program for parents.

But despite their concerns, the couple said the opportunity to work legally in the U.S. outweighs the risks.

So if given the chance, they plan to apply.

"To have the security of not being deported and to be able to work legally would be worth it," Ruiz said.

Appeal planned

On Tuesday, White House officials said undocumented immigrants should not be fearful of applying for the program. They said the administration plans to appeal the judge's ruling within the next few days and they are confident Obama's executive actions will be upheld and the programs will ultimately be implemented.

The officials pointed out that some of the same concerns were raised when the government implemented the initial deferred-action program for dreamers in August 2012, known as Deferred Action for Childhood Arrivals, or DACA.

Since then, more than 962,000 people have applied for deportation deferments and work permits and more than 787,000 have been approved or renewed, including more than 29,000 in Arizona.

"When asked the question about what does he say to people who are fearful, when the moment comes to apply, the president's response has been to encourage people to take inspiration from the example of their children, in particular the people who have come forward to apply for DACA," Cecilia Munoz, the president's domestic policy director, said during a conference call with reporters.

"These are folks who have made the decision to come forward and it has been a successful experience despite the fact that the House of Representatives has voted multiple times to undo the DACA program," she said.

U.S. Rep. Ruben Gallego, D-Ariz., accused Republicans of filing the lawsuit against Obama's immigration actions to make undocumented immigrants afraid to apply for the programs. The lawsuit was filed by Republican governors and attorneys general from 26 states.

"It's a shame that we are continuing to put this kind of shadow over our communities, communities that all they want to do is work legally here, pay their taxes, raise their families and become part of the social fabric of America," Gallego said during a press conference Tuesday at the state capitol.

"That is the goal of this lawsuit to make our community more afraid. I tell you not to be afraid, please, jump out of the shadows and into getting your paperwork together," he said.

Gallego and about a dozen other state lawmakers also called on Gov. Doug Ducey to drop Arizona from the lawsuit, which was initially joined by former Gov. Jan Brewer, a strong critic of Obama's immigration policies, before she left office in January.

Ducey's spokesman, Daniel Scarpinato, would not say directly whether Ducey would consider withdrawing from the lawsuit.

In a statement, he said the governor's legal counsel was still reviewing the judge's ruling, but Ducey "agrees that rather than taking unilateral action, the president should work with Congress to resolve these issues."

Republic reporter Yvonne Wingett Sanchez contributed to this article.


Source: Daniel González, The Arizona Republic