DACA Program Concerns

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Cortes, an immigration attorney for Novo Legal Group LLC, speaks about the uncertain future of the Deferred Action for Childhood Arrivals (DACA) program. Photo credit: Monica Carrillo

An Uncertain Future

BY MONICA CARRILLO

Luis Cortes, the lawyer who argued before the Supreme Court in 2019 to defend a visa program allowing undocumented immigrants to temporarily reside legally in the U.S., is now urging recipients to prepare for a future without it.

Cortes, an immigration attorney for Novo Legal Group LLC in Seattle, spoke at Gonzaga University in Spokane, Nov. 20, about the uncertain future of the Deferred Action for Childhood Arrivals (DACA) program —  administrative relief executed under the Obama Administration that protects eligible immigrants who came to the United States when they were children — and its potential impact under a second Trump presidency.

In preparation, Cortes said he and Alejandra Perez, a Ph.D. student at the University of Washington, plan to host weekly community meetings across the state to provide support and resources. They also encourage neighboring states, like Idaho, to begin community organizing efforts of their own.

“We’re hoping that catches on and that Idaho will continue to support its community despite what the federal government wants,” Cortes told The Spokesman-Review in an interview.

The Obama Administration created the DACA program in 2012 to provide renewable two-year permits allowing young people brought to the U.S. as children to work, study and be protected from deportation.

In 2017, the Trump Administration moved to rescind the program.

In response, Cortes became the first undocumented attorney in 2019 to argue before the Supreme Court, defending DACA after filing a lawsuit on behalf of recipients nationwide.

Idaho currently has 2,330 active DACA recipients and 35,000 undocumented immigrants. The state lacks statewide policies to protect the group and has limited rules for DACA recipients, though Blaine County, particularly Hailey, has specific protections that could offer relief for many if the DACA program were to end.

In a resolution passed in 2021, the Hailey City Council urged police officers and city employees to refrain from enforcing federal immigration laws, emphasizing the importance of building trust between the city’s immigrant community and law enforcement.

The resolution also includes that Hailey police officers not inquire about residents’ immigration status or request passports, registration cards or other documentation “unless necessary” to investigate criminal activity.

Since then, support for the undocumented community has persisted, reinforcing the initiative. Earlier in October, The Community Library, The Alliance of Idaho, and The Hunger Coalition held a panel discussion addressing the myths and facts about immigrants in Blaine County and Idaho.

The panel featured Steve England, Hailey’s police chief; Rick Naerebout, CEO of the Idaho Dairyman’s Association; Becky Lopez, executive director of The Alliance of Idaho; and Naomi Spence, co-executive director of The Hunger Coalition, who shared their thoughts on the important contributions of immigrants across the state, many of whom are farmworkers.

Luis Campos, legal director for The Alliance, also gave a presentation debunking several common myths about immigrants and immigration.

And with federal transitions less than two months away and Idaho’s state-level support still uncertain, Cortes emphasized that institutions and smaller communities can often play a crucial role in providing resources and assistance.

For example, The Alliance of Idaho, which offers low-cost services for DACA recipients and other immigrants in the county and surrounding areas, could be vital for gathering necessary documents.

“If you’re a student, look at what student groups are doing that work, and tap into other schools, too,” Cortes told The Spokesman-Review.