A Brief Reprieve

DACA rally held outside the Supreme Court as DACA cases are heard within, November 12, 2019 (Victoria Pickering)

A generation of undocumented immigrants receives a moment of safety following the Supreme Court’s ruling on Dreamers. A DACA recipient reflects on what’s next in an exclusive Q&A and poem.

The Supreme Court rules in favor of the Obama-era Deferred Action for Childhood Arrivals program that grants undocumented immigrants brought to the United States as children temporary protection from deportation. Despite attempts to walk back the program from the Trump administration, on June 18, the Supreme Court found in a 5–4 ruling that the current administration had not sufficiently justified ending the program. While this decision can be repealed at any time with sufficient causation, for now, the Supreme Court has changed the lives of DACA recipients across the country.

This news was met with great adulation from DACA participants and allies alike across the country as, for the first time since the Trump-era began, a generation of immigrants has been offered a small reprieve from persecution.

Following a tumultuous time in legislative limbo, in which the Supreme Court considered the Trump administration’s petition to rescind the protections DACA offers early childhood arrivals, Tania Y. Solano Cervantes, a student at Saddleback College at the time, wrote a poem regarding the possibility that DACA would be repealed and how it would affect not only her—a childhood arrival herself—but also her loved ones and future generations of immigrants.

I had the privilege of sitting down with Tania Y. Solano Cervantes to ask for her thoughts on DACA and her experience as an immigrant who has had to live in fear of not only being undocumented but also of the formation of stricter immigration policies from the current administration.

When did you come to America and where did you immigrate from? 

I was born in Guerro, Mexico and I immigrated to the U.S. when I was only two months old.

Do you consider yourself an American? Have you/would you be comfortable living anywhere else?  

I often find myself struggling to answer this question.  On the one hand, I was raised knowing of my undocumented status; I was well aware that I was not a U.S. citizen and, because of it, I felt un-“American.” On the other hand, although I am proud to be Mexican—I am very proud of where I come from and I honor my heritage—I can never call Mexico my home.

As I mentioned earlier, I immigrated to the U.S. when I was two months old. I was brought to California by my parents as an infant. Therefore, my life here in the U.S. is all I really know. It’s the only place I can call home, but this government often fails to recognize that. Immigration policies have never considered me as an “American,” it wants to rid me of this country by deporting me, and I grew up internalizing that. And, for a long time, I did not feel comfortable living in Mexico or the U.S. because I felt like I did not belong anywhere.

This is why advocacy for undocumented rights in America is so important to me because I know there are between 690,000—800,000 DACA people who have struggled and continue to struggle with their nationality. Some of us have not stepped foot in our respective birth countries since we immigrated to the U.S. Few of us have forgotten or don’t speak our native tongues anymore. And most of us have lived the majority of our lives in the U.S. We [DACA people] don’t consider any other place “home” other than the U.S. So, no. I do not feel comfortable living anywhere else.

Ultimately, in every way, shape, and form, DACA people are American. And it is time that we all acknowledge that; I am starting to, and this is why I will not stop until this country does, too.

Have you ever been afraid of deportation? If yes, can you describe that fear?

I have always been afraid of deportation. However, lately, I have been more frustrated and angry than afraid. I can speak more about the vexation I have towards the risk of deportation.

It just does not make sense to deport DACA people. It’s not going to fix any of the many issues of our immigration system. It’s not going to eliminate immigrants from this country because DACA recipients are only a fraction of that population. It’s going to cost millions of taxpayer money to fund ICE to deport us. It will strike our immigrant communities with this severe trauma as they watch their young DACA recipients be uprooted from their friends and families.

Moreover, DACA people are so ingrained in our American society, economy, and culture. For instance, in terms of education, all of us have attended American schools (in fact, that is one of the main requirements to qualify for DACA). For the majority of DACA students, this country has funded our K-12 education via public schools. Now, as DACA students are entering college, earning degrees, and starting careers, we have so much to offer to this country because of the education that the U.S. has invested in us—and we want to contribute to this country! Currently, there are thousands of DACA people risking their lives and fighting on the front lines of the COVID-19 pandemic as healthcare workers—are these the people this country is really willing to lose by deporting them?

Again, it just doesn’t make sense to deport a cohort of people in whom this country has already vested in with protection from deportation. It just does not make any sense—economically, politically, socially, morally—to deport DACA recipients.

What does the Supreme Court’s decision on DACA mean to you, in both a concrete sense (i.e. how long are you protected by it) and abstractly (your feelings toward it)

So this is how DACA works: it is an immigration policy that protects people who immigrated to this country as children from deportation and grants them employment authorization that allows us to work legally with valid social security. But this is temporary. We [DACA recipients] must renew the application every two years, which includes a fee of $495 (revenue that the ICE collects). Some of the benefits, of course, include protection from deportation and being able to gain employment. In California, DACA students qualify for in-state tuition and financial aid, which I greatly benefit from! I get to keep my driver’s license! Older DACA recipients can get mortgages and start a family. Basically, anything that requires social security, but does not ask you to be a U.S. citizen, DACA people can participate in. In a concrete sense, the Supreme Court’s decision continues to allow this.

Abstractly, however, I know that the Supreme Court’s decision does not make DACA permanent. This immigration policy continues to be temporary. At any moment, it can face the challenge of repeal again. In other words, the SCOTUS decision on DACA was a victory battle, but we are still at war. The fight for a path towards citizenship or something more permanent remains for DACA people.

Also, my fear is that folks may be hesitant to apply for DACA for their first time, because they realize that the application requires one to willingly share an undocumented person’s information to an institution that, at any moment, can repeal and deport them. DACA, in general, is so strict and specific on who qualifies and who does not and, on top of that, with this current anti-immigration rhetoric and politics, many undocumented children and young adults may not benefit from DACA because their parents and families may feel that it is not a secured policy. Therefore, while the SCOTUS decision was a favorable outcome, there is still so much at stake.

How did you react to the news that the Supreme Court ruled in favor of upholding DACA?

I’ll be honest: I was not expecting the SCOTUS to rule in our favor. I was working on a protest committee who was in support of DACA and we have been awaiting the Supreme Court’s decision on the program for months. Throughout our planning meetings (virtually, of course), we always brought up the fact that the Supreme Court was currently a conservative majority and their ruling would jeopardize DACA.

For months, I was on the verge of a cliff, and SCOTUS was either going to push me off that cliff or pull me back into safety—I was so moved when it picked the latter. I woke up to the news on June 18 and instantly a hard knot of emotion formed in my throat. I was not expecting it. And while the fight for a permanent DACA solution remains, the Supreme Court’s ruling in favor of upholding DACA allowed me to just simply breathe in peace for once since this administration took office.

How does DACA change your outlook for the future? What are your plans?

The fight towards justice and equality does not stop with this DACA decision. We still have a long way. But the SCOTUS’s decision on DACA gives me hope that change is possible. The next step is: okay so how can we create a path of citizenship or a permanent solution for DACA people? More so, what comprehensive immigration reform can Congress pass that will support thousands of uncounted, undocumented folks in this country that live day-to-day in fear of deportation and in limbo?

Do you believe DACA can be improved in any way?

I appreciate that DACA is directed at young people who did not have a say in crossing borders “illegally,” but again it is not a permanent policy, and very few people actually qualify for it. To apply for DACA, you need to verify your attendance in an American school and that you have/or will graduate high school, verify that you were less than 16 years old when you immigrated to the U.S., you have to prove that you do not pose a threat to national security and public safety. Really, the initial application process is very scrutinizing, and if you don’t have the proper verification or paperwork, you are instantly rejected. In my opinion, many undocumented people deserve DACA. This government must take the immigrants who do not qualify for DACA into consideration and offer them similar solutions.

I also think that DACA fails to be fair with those who do qualify. For instance, DACA people have to pay taxes, yet we do not qualify for healthcare or federally funded programs. Public policies greatly affect DACA, yet we have no say in our democracy because we are not allowed to vote. It is also unfair rhetorically, as well. There is this common notion or public belief among certain political groups that declare DACA people as “illegal aliens.” It’s like, first off, we have not committed any crimes or illegal activities (we would not qualify for DACA if we did). DACA people had absolutely no autonomy in immigrating to this country. So stop acting like we committed an “illegal act.” And even if we did have a say, there is nothing “illegal” about crossing borders in the search for a better life. Also, DACA people are not foreigners, we are so ingrained in American society, so stop calling us “aliens.” For instance, I am a DACA recipient and I bet I know our Constitution and Bill of Rights more than someone who is a U.S. citizen. Labeling us as “illegal aliens” serves as a painful reminder that we are not welcome here or that we don’t deserve to be a part of this nation.

What do you believe is the next step in immigration reform?

I am now starting to learn how to defend myself from a government that continues to disregard and marginalize immigrant communities in the U.S. And I am not just talking about this current administration. Immigration reform has been long overdue in the U.S. I will continue to advocate for this reform.

One of my concerns is that once this administration is voted out of office, the public will feel that there is no direct threat affecting not just DACA recipients but immigrant communities as a whole. Yes, a presential term and conservative senate can be voted out, but immigrants and undocumented folks will remain in this country. Let’s begin having discussions and advocating for comprehensive immigration reform that benefits not just DACA people, but immigrants and undocumented people in the U.S.

In your poem, “Dream Repealed,” you give your visceral reaction to the possibility of DACA being walked back by the Trump administration and you mention the absence of the American Dream. As an immigrant, do you feel as if there is sometimes a double-standard when it comes to who is allowed to the American Dream? Is it something that can be afforded to everyone?

As you may know, DACA people are often referred to as “Dreamers.” I wrote “Dream Repealed” on Nov. 12, 2019, inspired by the Dreamers marching in the streets of Washington and in honor of the great American poet, Langston Hughes. This is the day the SCOTUS scheduled hearings for DACA after the administration’s rescission of the program.

Personally, my immigration status has impacted my sense of well-being since I was a child. I grew up struggling to make sense of it, and—now that I am older and see, hear, and understand things more clearly—I am garnering up the courage to share my experience in the hopes that others support us, Dreamers and all undocumented folks. Writing this poem is an example. And it worked! You [Evangeline] read this poem, partook in our car rally the day of the SCOTUS decision on DACA last week, and now are interviewing me to share with others what it means to be a DACA recipient. And one thing I want to share, as written in my poem, is this sense of hopelessness that I feel about the American Dream.

There is a double-standard when it comes to who is allowed to live the American Dream and not everybody can afford it. The American Dream has become more of a luxury than a right. In terms of immigration, those who qualify for visas and green cards come from privilege or have access to resources that grant them this possibility to go through the “legal” immigration process. A lot of Americans think this is a luxury all immigrants can afford and it is simply not true! Many immigrants cross borders “illegally” because this is their only option for a better life. Ultimately, the American Dream exists, but let’s be mindful of who it serves today and who it has oppressed throughout history.

I do want to add that DACA opens many opportunities for me that I would not have had if it were not for this program. But there are still so many barriers people such as myself face in this country: racism, the cycle of poverty, sexism, gentrification, voter suppression, educational inequity, suppressive labor rights, underserved communities, and misrepresentation or no representation at all in the media—the list never stops! And this is a reality for many minority groups out there. This poem is dedicated to those who have been unjustly robbed from their right to live the American Dream: of life, liberty, and the pursuit of happiness.

America has largely been built on the premise of the “American dream,” an idea that anyone—regardless of where they were born or their economic status—can fulfill their idea of success in America through hard work and perseverance. It is a country that was supposed to welcome anyone—free from persecution—under the idea that people were created equal and with intrinsic rights. The Supreme Court’s decision on June 18, feels like a first step, of sorts, in the direction of the seemingly elusive idea that America is a country built on dreams and, finally, it’s time to welcome the dreamers.

DREAM REPEALED
By Tania Y. Solano Cervante
inspired by Hughes and the Dreamers marching in the streets of Washington 

America,
the bold, the beautiful, the great,
the land of the ​ f r e e
— where is the American Dream?

for years We sang to your flag,
We let you pull, twist, reverse
Our mother tongue; she’s now h u r t
— will We ever be enough?

not red, not white, not blue
We are a different shade for you
Ourselves viewed less human than​  y o u
— this land is not made for Us?

living in the shadows, they say
separated by walls every day
no laws or pathways,​ only u n c e r t a i n t y
— why throw Us across the floor?

D
        A
               C
                      A
— are We here to stay?

not here,
                 not there,
— if not, then w h e r e?

We are not welcomed
We do not belong
will Our dreams d r y  u p  
— like a raisin in the sun?

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