Las Vegas Sun

March 28, 2024

There is fear’: Nevada DACA recipients await Supreme Court ruling on program

Childhood

Jacquelyn Martin / AP

In this Nov. 12, 2019, file photo people rally outside the Supreme Court as oral arguments are heard in the case of President Trump’s decision to end the Obama-era, Deferred Action for Childhood Arrivals program, at the Supreme Court in Washington.

As many Nevadans worry about their health, finances and loved ones during the coronavirus pandemic, over 12,100 Nevadans with Deferred Action for Childhood Arrivals (DACA) status have another immediate concern as well.

As soon as next week, the U.S. Supreme Court will rule on President Trump’s decision to phase out DACA, an Obama-era program allowing some immigrants who came to the United States as children to stay and work here legally.

Created by executive action in 2012, DACA permits eligible people who immigrated here before age 16 and who were under 31 when the program started to apply to stay here for two years, subject to renewal. The Trump administration announced its intention to end the program in 2017, but the move has been subject to legal challenges.

This spring, the Supreme Court will rule on whether it has the authority to review the Trump administration’s decision and if so, whether that decision was lawful. A ruling, which could effectively end DACA, is expected by June at the latest.

Nevadans with DACA, some of whom have lived here since they were small children, say they are anxious to see how the high court rules.

“There is fear, there is frustration, there is sadness,” said Erika Marquez, a Las Vegas resident and DACA recipient who came to the United States at age 3. “There are a lot of emotions that definitely conflict with each other, but at the same time, I feel hopeful that the response is a positive one.”

While the Supreme Court has a conservative majority, with five justices having been appointed by Republican presidents, the outcome could be affected by the pandemic. The court agreed to hear a recently submitted supplemental brief on behalf of DACA advocates outlining why the program should not end during this crisis.

The brief argues in part that ending DACA now would put Americans at risk because recipients working during the pandemic, including in hospitals, would no longer be able to work “without fear of imminent deportation.”

Make the Road Nevada, a group that advocates for and supports immigrants in the state, estimates that 4,400 DACA recipients statewide are currently working in essential businesses, said Lalo Montoya, political director for Make the Road Nevada.

“It’d be a huge impact if we were suddenly out of status during a pandemic,” said Montoya, a DACA recipient and Las Vegas resident.

Having had DACA status since 2012, Montoya says that to lose it during the pandemic would be especially difficult. He has an 11-year-old daughter who lives in Denver and who he hasn’t seen since the pandemic began due to the risks associated with travel. If DACA were to end, he could potentially be deported without getting to see her, he said.

“I’ve grown up my whole life here, since I was 2 years old,” Montoya said. “I do see Las Vegas and the United States as my home.”

While Marquez said there is no “perfect” time to end DACA, doing so now would be particularly disruptive to her life. She is 32 weeks pregnant and diabetic, putting her at high risk if she were to contract COVID-19, she said.

She also worries about how the decision would potentially force infected DACA recipients living in the United States to return to their home countries, bringing coronavirus with them.

“That’s terrifying,” Marquez said.

DACA affords recipients a Social Security number, allowing them to get work permits and to obtain driver’s licenses and car insurance, Marquez said. Before she had DACA, she recalls having been awarded a scholarship to attend college that was then rescinded because of her undocumented status.

DACA recipients also benefit from being able to get better-paying jobs and working “without fear,” said Erika Castro, a Las Vegas resident who moved here when she was 3 years old.

“I think it’s only going to exacerbate the uncertainty and fear that everyone is facing right now,” said Castro, an organizing manager with the nonprofit Progressive Leadership Alliance of Nevada (PLAN).

When Las Vegas resident Rico Ocampo was granted DACA in 2013, he was able to get a driver’s license and a job with Make the Road Nevada as the organization’s youth and programs organizer. Ocampo, who has lived in the United States since he was 3, said if he were to lose DACA, there’s no guarantee that he would be able to stay here.

He has already spent about $10,000, he estimates, trying to become a permanent legal resident.

“It’s a very time-consuming process. But also, if you don’t have the funds to be able to pay for this process, you’re essentially not going to go anywhere,” Ocampo said.

To receive DACA, recipients had to pass a background check conducted by U.S. Citizenship and Immigration Services. The same check is done every two years when recipients apply to renew their status, which costs $495.

“If you do one simple thing wrong, it can be taken away from you,” Marquez said. “We’re not bad people. We’re just trying to be (law-abiding) citizens like everyone else. We make sure we work. We pay our taxes.”

At the same time, DACA recipient Maria Nieto said she believes all immigrants should be afforded protections during the pandemic, whether they have DACA or not.

“Especially during this pandemic, undocumented immigrants deserve relief and help because it is a human right,” said Nieto, civic engagement coordinator with Mi Familia Vota.