Here & Now

DACA Applications Can Resume

Frederica Freyberg:

The federal immigration policy rollercoaster is on a positive glide path at this moment for the Deferred Action for Childhood Arriving, or DACA program, following a federal court ruling this week. There are some 6600 DACA recipients in Wisconsin. These are undocumented immigrants brought to the U.S. as children and allowed to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit in the U.S. More childhood arrivals are waiting to apply. Erin Barbato is the director of the Immigrant Justice Clinic at the University of Wisconsin Law School and she joins us now on this issue. Thanks very much for being here.

Erin Barbato:

Thanks so much for having me.

Frederica Freyberg:

So the court ruled that new applications to the DACA program can resume after the Trump administration had blocked them. How many people does that affect in Wisconsin?

Erin Barbato:

So the estimates are quite high. As you just mentioned, there are around 6600 people currently with DACA in Wisconsin and estimates now show that there may be another 11,000 people in Wisconsin who are eligible to now apply as initial applicants.

Frederica Freyberg:

So what has been the reaction to this ruling from people here wanting to apply?

Erin Barbato:

So from my experience working with my clients and other nonprofits who directly work with people who are eligible for DACA or dreamers is finally there’s some good news. I think we were all anticipating that when President-Elect Biden actually becomes president that we would have initial applications for DACA eligible available again. But this came a little bit earlier. And way too late. People have been suffering in limbo and through attacks from this administration for years now and finally the right decision came out. So there’s excitement, but it’s also just the beginning of a fight for a permanent solution for people with DACA to have a road to citizenship in the United States.

Frederica Freyberg:

More on that in a moment, but how meaningful is it for these young people to be able to get work permits and driver’s licenses and protection most of all from deportation?

Erin Barbato:

Sure, I mean I can’t speak for them myself, but from what I know from my clients and also other dreamers I know in Wisconsin, it’s incredibly important for people who have been here almost their whole lives and only know the United States as this country. They’ve been living in fear under this administration for not only losing their driver’s licenses or their ability to work but also for fear of deportation, permanent separation from the only country they’ve ever known, permanent separation possibly from their family. So it’s really been horrific. So there’s a little bit of breathing room and reprieve, but the work is just starting.

Frederica Freyberg:

So there is more because in addition to two years of protection from deportation, people would like the path to citizenship for themselves and their parents. So what about that?

Erin Barbato:

So this is something that everyone has been working towards for many, many years in terms of the Dream Act, which was really started being discussed in 2000. So it’s been almost 20 years with nothing has come to fruition. So this is really the time where Congress is going to need to act to create a pathway to citizenship for our dreamers and our DACA recipients. President-elect Biden can’t do it on his own. He can continue to allow DACA to exist, but he’s not going to be able to generally with his powers to create this permanent pathway to citizenship. So it’s going to have to be an act through our legislature.

Frederica Freyberg:

So what are your expectations that comprehensive immigration policy will be taken up in Congress?

Erin Barbato:

I am optimistic. I think our country, the people have seen how these individuals have suffered under this current administration in a way that’s really unimaginable and inhumane. So public support of DACA is clear. So I’m really hoping that our government can come together to do the right thing after so many years of suffering.

Frederica Freyberg:

And just briefly, the nuts and bolts of it, if you are a person that has been awaiting being able to apply, how do they do that?

Erin Barbato:

So what’s really important is that people who may be initially eligible to apply for DACA is that we consult with a reputable attorney or accredited representative to ensure that they are truly eligible and don’t put themselves in further risk of deportation or giving the government information that would put them in danger. So it’s important to reach out to trusted nonprofits or immigration attorneys that can really give someone the information that they need in order to ensure their safety and their future.

Frederica Freyberg:

Okay. Good advice. Erin Barbato, thank you very much for joining us.

Erin Barbato:

Thank you so much for having me.