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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Monday, August 06, 2018

Donations sought for dreamers as judge orders Trump administration to restore DACA program

AZ Central
By Angela Forburger
August 04, 2018

Grassroots groups in Arizona and across the nation are raising money for undocumented immigrants known as “dreamers,” following a federal judge’s ruling Friday ordering the Trump administration to restart a program that protected certain migrants from deportation.

In a 25-page opinion, Judge John Bates in Washington, D.C. said that the administration did not justify its decision to eliminate the Deferred Action for Childhood Arrivals program, also known as DACA.

Bates said the Department of Homeland Security, which runs the program, failed to “elaborate meaningfully on the agency’s primary rationale for its decision,” calling the policy “unlawful and unconstitutional.”

Two migrant-rights groups, Arizona Center for Empowerment and Living United for Change in Arizona, are among those fundraising to help DACA recipients in the Phoenix area renew their applications.

Abril Gallardo, spokeswoman for LUCHA, said many dreamers need financial assistance to help pay fees to renew their application. Without DACA status, they lose the right to legally work in the U.S. and protection from deportation. That protection is vital to migrants who fear they are at greater risk for deportation under the Trump administration.

“We’re asking folks to stand with dreamers,” Gallardo said. “This is a good opportunity to support immigrant youth.”

The $495 processing fee required to renew the application and obtain a work permit can be insurmountable for individuals living paycheck to paycheck or helping support their undocumented family members who do not qualify for DACA, Gallardo said.

People can help by “sponsoring a dreamer” or donating to the DACA Renewal Fund, Gallardo said.

The group has already compiled a list of about 20 people who desperately need assistance. “We know there are many more,” Gallardo said.

To apply for DACA, migrants must meet certain requirements. They must have entered the U.S. before turning 16, have no serious criminal background and have lived continuously in the U.S. since June 15, 2007.

The program cleared the way for dreamers to obtain driver’s licenses, work permits and, in some states, qualify for in-state tuition.

In 2012, Obama signed an executive order to temporarily shield about 1 million eligible immigrants from deportation. Obama did not consult with Congress on DACA, angering Republicans and some Democrats from conservative states.

The program has been in jeopardy since last September when Attorney General Jeff Sessions announced the Trump administration would end it.

‘An emotional roller coaster’

Regarding Friday’s ruling, Gallardo said that given the history of the Trump administration targeting immigrants, these decisions are becoming increasingly exhausting.

“It could be a ray of hope, but it (also) adds uncertainty to what’s happening,” Gallardo said. “It’s an emotional roller coaster.”

The government has 20 days, until Aug. 23, to appeal the ruling or the Trump administration will have to restart DACA, Bates said. Another ruling on the program is expected soon by a federal judge in Texas.

President Donald Trump’s administration announced the wind down of DACA, the Deferred Action for Childhood Arrivals policy, that President Obama enacted several years ago. This is what you should know. Sean Logan/The Republic

Originally, Bates ruled in April that the administration must restore the DACA program and accept new applications. But he gave DHS a chance to defend its reasoning for ending the program.

Lawyers and migrant-rights advocates have argued that the administration has launched wanton attacks on immigrants.

“How many more opportunities do you need to give the Trump administration to do the right thing?” said Ray Ybarra Maldonado, an attorney for Ybarra Maldonado Law Group in Phoenix. “This is giving them a second chance after you’ve already given them one chance.”

Maldonado noted the legal implications of the decision, reminding DACA recipients that the ruling is not a guarantee that they’re safe.

“It’s good to proceed cautiously and optimistically and hope for the best, but also at the same time be realistic,” Maldonado said. “It could still change.”

For more information, go to: www.beverlyhillsimmigrationlaw.com

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