Supreme Court DACA Decision a Moment of Relief for Young Undocumented Immigrants

Zuriel Godinez

Zuriel Godinez had been awake since 4 in the morning, and decided to go for a drive to calm his nerves — that’s when text messages started blowing up his phone. He'd been waiting on this news all week, anxious to know what would happen. So it was a huge moment of relief to read the messages and learn that the United States Supreme Court had ruled against the Trump administration’s move to dismantle the Deferred Action for Childhood Arrivals policy, commonly referred to as DACA.

“I burst into tears, just driving around, and it felt good to just let it out,” Godinez, a DACA recipient, tells the Scene. “I don't even know what to do, how to express my happiness.”

The court’s Thursday morning ruling determined that the Department of Homeland Security’s decision to rescind DACA was “arbitrary and capricious” under the Administrative Procedure Act, which governs the process for federal rulings and regulations.

The ruling is good news for the nearly 8,000 young Tennesseans who are eligible for DACA, a program that helps protect young immigrants from deportation and lets them work and attend school.

"The Supreme Court ruling means a path to hope for me and everyone in the same situation," says Perla Arias Gutierrez, a senior at Trevecca Nazarene University. "Hope that will only empower us to make a positive change in this wonderful country we call home."

Arias Gutierrez, who has received DACA since she was 16, adds that the program allows her to work and pay taxes without a problem.

“I think everyone's at a loss for words, but excitement is the general consensus here,” says Molly Haynes, the executive director of Equal Chance for Education, a Nashville-based program that provides scholarships to young undocumented immigrants, including Arias Gutierrez.

ECE supports 306 students at 15 partner colleges and universities in Tennessee. The program has 71 graduates who are pursuing degrees in medicine, law and other fields. Godinez is also an ECE alumni, and is now pursuing an MBA at Lipscomb University.

While DACA recipients are heartened and excited by the news, there's also an understanding that there’s still more work to do in terms of protecting young immigrants.

“I compared [this country] to a golden cage,” says Godinez. “The cage is really beautiful, and it's really pretty, but it doesn't stop being a cage for us. And I'm just ready to be able to live in peace and be able to be equal.”

Luis, an ECE alumni who requested his last name be withheld for employment reasons, says the ruling is a “sigh of relief,” but he expects a sense of unease will return in coming weeks.

“Fortunately this positive news came today, but what's next?" he asks. "Are we — will we ever get the opportunity to become full residents, citizens even?”

Still, Luis — who received his master’s in civil engineering earlier this year from Vanderbilt University — is happy his younger cousin has a chance to benefit from DACA.

National observers of the Supreme Court noted that it was a somewhat complicated decision, with varying opinions and judges signing on for different parts of the decision. Notably, Judge Sonia Sotomayor dissented with the court’s ruling that the Trump administration acted without “animus” (such as racism or xenophobia) when it decided to overturn DACA.

The ruling ultimately means that while the Trump administration still has the authority to end DACA, it must go through the proper channels to do so.

“Today’s incredible victory reaffirms what we already know: immigrant youth are powerful and are here to stay,” said Stephanie Teatro, the outgoing co-director of the Tennessee Immigrant and Refugee Rights Coalition, in a statement. “Today’s ruling provides critical relief for DACA recipients and their families who have been living with immense uncertainty waiting for today’s decision. We know the fight to protect DACA doesn’t end today. We’ll keep fighting to protect the program and to win relief for all immigrants in Tennessee.”

The Obama administration created DACA through an executive order, protecting young people from the threat of deportation as long as they met certain requirements. It allows young people more freedom to go to work, go to school and get driver's licenses. The program proved to be popular, with even some conservatives strongly approving of measures to protect young arrivals from deportation.

The Trump administration's announcement that it planned to end DACA in 2017 was met with immediate backlash. Trump also attempted to use protections for young undocumented immigrants as a bargaining chip in negotiations to fund a wall at the U.S.-Mexico border.

DACA is distinct from the long-sought Dream Act, which would have also offered a pathway to citizenship to high school graduates and members of the armed forces.

“I like the fact that they call us Dreamers, but I'm tired of dreaming,” says Godinez. “I want something real.”

But he’ll worry about that fight later — today is about celebrating a win for young undocumented immigrants.

“I'm going to give myself a little grace and just relax for a little bit, and give myself time to celebrate it and not think about what's going to happen tomorrow.”

Like what you read?


Click here to become a member of the Scene !