San Diego County fights to keep DREAMERs safe

Undocumented immigrants’ biggest fear may soon be realized as the program Deferred Action for Childhood Arrivals (DACA) may be phased out by the Trump administration.

As early as March 2018, officials said, some of the 800,000 young adults brought to the United States illegally as children who qualify for the program DACA will become eligible for deportation.

This includes many Southwestern College students.

In President Trump’s official statement, he said he would resolve the DACA issue with heart and compassion.

“As President, my highest duty is to defend the American people and the Constitution of the United States of America,” he said. “At the same time, I do not favor punishing children, most of whom are now adults, for the actions of their parents.  But we must also recognize that we are nation of opportunity because we are a nation of laws.”

President Barack Obama’s 2012 executive order allowed certain undocumented individuals who were brought to the United States under the age of 16 to apply for two-year work permits and be protected from deportation during that time.

With no path to citizenship, Trump has now decided to fulfill his campaign promise and phase out the DACA program.

“In the best interests of our country, and in keeping with the obligations of my office, the Department of Homeland Security will begin an orderly transition and wind-down of DACA, one that provides minimum disruption,” Trump said. “I am not just going to cut DACA off, but rather provide a window of opportunity for Congress to finally act.” Trump called on Congress to act and create legislation to protect those in the program and create a path to citizenship. Some states are threatening legal action against President Trump for rescinding DACA.

Southwestern College’s Governing Board released a statement supporting the DACA program soon after the announcement.

“Our hardworking DREAMers, like students across the country, are working every day to build a better future for themselves and their families, and are an integral part of our communities. We believe every student, regardless of their background or country of origin, has a right to an education at Southwestern College,” the statement read.

College President Dr. Kindred Murillo issued an email to all students re-assuring her commitment to provide the right of education for undocumented students.

“We want to assure you that Southwestern College is committed to providing a welcoming learning environment for all our students and college community, regardless of immigration status or country of origin,” Murillo said. “Our college leadership has expressed unwavering support and commitment to our DACA students and our DREAMers. Southwestern College will continue to advocate on their behalf to ensure that they have the right to live and learn without fear.”

San Diego County activists are also fighting back.

Human rights organization Suenos Sin Fronteras has stood up and given a platform to “those willing to speak their minds” and “a voice to the voiceless.” Armed with legal documentation, members advocate for young immigrants. Suenos Sin Fronteras held a boisterous rally in San Ysidro calling for restoration of DACA.

Maria Puga was an emotional speaker at the rally.

On May 28, 2010 her life was redefined when her husband was killed by U.S. Border Patrol Agents while undergoing deportation. She said he was beaten, tasered and denied medical assistance by the immigration agents. No one was charged. Seven years later Puga continues to demand justice and is now an activist in the San Diego community.

“I fear these students who work hard and cross daily just to come to school will suffer the same fate my husband did,” she said.

Marco Amaral, 26, delivered his own personal message. Amaral, a teacher at Castle Park High School, recounted an interaction he had with a student who was strip searched at the border minutes before arriving to school.

“How am I going to teach anything to a 14-year-old child who just went through something like that?” he asked. “This particular student had autism and as he crossed the border at 4 a.m. he was forced into secondary and treated like a criminal.”

Suenos Sin Frontera began organizing biweekly rallies in an attempt to call congressmen to action.

“DACA is simply not enough,” said Suenos Sin Fronteras member Monique Sandoval.

In California, 242,339 young people received DACA status between 2012 and March 2017, according to the Migration Policy Institute.

EdSource reported that 72,300 undocumented students are enrolled in California’s public colleges and universities. An estimated 60,000 are enrolled at community colleges, 8,300 at CSUs and 4,000 at UC.

If DACA were to phase out, California retains its mechanism to enroll undocumented students in high schools or colleges. California’s “Welfare Act of 1996” allows undocumented students to attend public elementary and high schools and colleges with or without DACA.

DACA students, however, wouldn’t be able to receive financial aid and Trump’s decision would not change that. Undocumented students, with or without DACA status, already are banned from receiving federal aid such as Pell Grants, federally subsidized loans and work-study jobs.

In 2001 California Assembly Bill 540 allowed undocumented students to pay the discounted in-state levels of tuition at public colleges and universities. In 2011 the California Dream Act was signed by Gov. Jerry Brown to provide financial aid to those undocumented students whether or not they had DACA permits.

Lupita Cortez Alcalá, executive director of the California Student Aid Commission, which administers the DREAMer aid, said California Dream Act grants are unrelated to the federal DACA program.

“We cannot emphasize enough that DACA status is not required to be eligible for financial aid or admission to college in California,” she said.

Officials from the California Student Aid Commission emphasized that California scholarship information is kept confidential and separate from federal immigration paperwork. They pledged to resist any federal attempt to get access to the material. Still, officials concede, it is not beyond the realm of possibility for the federal government to gain access.

In January SWC’s Governing Board passed Resolution NO. 1992, “Upholding the Civil Rights of All Residents.” The resolution stated that all students deserve equal protection under the law as guaranteed by the 14^th Amendment. It declared that SWCPD would not detain, question or arrest any individual solely on the basis of personal characteristics such as religion or suspected immigration status. It also said the college will not release any personal information, including immigration status, without a judicial warrant or court order.

In September, the California Assembly passed a resolution that condemned President Trump for his decision to rescind protections for people brought into the country illegally as children. House Resolution 66, coauthored by 57 members of the chamber, urged the president to stand with recipients of DACA and called on Congress to find a “bipartisan and more effective” version of the initiative.

It was approved 57 to 1.

The only dissenting member was Assemblyman Matthew Harper (R-Huntington Beach), who argued that DACA was the result of abusive federal overreach by President Obama.

In response to the threats by the Trump administration, the SWC Governing Board signed onto an Amicus Brief in a Sanctuary Jurisdiction Case. The brief files a preliminary injunction against the Trump Administrations’ efforts to withdraw federal funding from what is loosely referred to as “sanctuary jurisdictions,” according to Board President Tim Nader.

Nader said the Trump Administrations’ description of sanctuary jurisdiction is poorly defined.

“This (amicus brief) is certainly an effort to defend the rights of our immigrant students,” he said. “It’s also an effort to defend our federal system, our constitution and our American rule of law.”