Dreamers still in limbo despite Supreme Court win

Elizabeth Ricci Posted: July 8, 2020

by Elizabeth Ricci, Esq, Rambana and Ricci, PLLC

Rosa Miranda was brought to the US from Mexico when she was ten years old is concerned for her job and family.  Miranda, a so-called Dreamer, is now married to a US citizen and the mother of an American daughter, has earned an associate’s degree, a B.S. in Rural Studies Social and Community Development, as well as a Masters in Sociology in the US.

“DACA has allowed me to have jobs in which I help others.  My last job was as a care manager for a Federal Qualified Health Clinic in a very rural, almost forgotten region, of North Carolina. There, I helped anyone that walked through those clinic doors and needed more than a primary care provider. I made a difference, I changed people’s lives, and all this was possible because in 2012 a president believed young individuals like myself who just wanted an opportunity to success, deserved to have a document that will allow them to work,” said Miranda.

Even with the Supreme Court’s recent decision not to upend DACA, essential doctors, nurses, respiratory therapists and visiting health aids are still in limbo.  USCIS issued a statement claiming that the court’s decision was “baseless”.  The prospect that USCIS could reject DACA renewals or new applications, deny them after cashing the fees or placing would-be DACAs into deportation is cause for concern for Dreamers like Miranda.

“My professional career is at a limbo. The possibility of being deported because of a decision

made by my parents 17 years ago, is very real. The uncertainty and anxiety grow every day. I try to remain hopeful, because I know this is home. I know my daughter needs the opportunities America has given me,” Miranda explained.

The Supreme Court’s decision to uphold DACA was issued June 18th essentially requiring USCIS to accept DACAS as the agency did in 2012.  However, there are risks associated with filing without specific guidance from USCIS.  If USCIS revokes the program again, Dreamers may have alternatives such as orders of supervision, the U visa or direct deferred action.  We will have to wait and see.  

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