Undocumented students weigh risks of applying for deferred action

For most of Yesenia Capellino’s life, the possibility of being deported from the country in which she had spent most her life was a persistent fear.

A chance for two years free from the prospect of deportation came on Aug. 15, when the fourth-year psychology student started filling out a set of forms that may eventually help her remain in the United States legally, though with no promise of permanent residency.

First announced by President Barack Obama’s administration in June, the Deferred Action for Childhood Arrivals program allows undocumented individuals like Capellino who grew up and were educated in the United States a chance to receive respite from the possibility of being deported.

The initiative comes after more than three years of attempts by the Obama administration to reform the immigration process for undocumented students. One of those attempts was the federal DREAM Act, a proposal to provide conditional permanent residency to certain undocumented individuals that failed in Congress in 2010.

Capellino was born in Bolivia and moved to the United States when she was 5 years old.

Her father was a civil engineer and her mother ran a small business, but the Bolivian school system and family troubles prompted her mother to move herself and her two children to the United States, where there were more educational opportunities.

When Capellino first heard about deferred action in June, she saw it as an opportunity to stay in the United States without worrying about her immigration status, she said.

The initiative is part of prosecutorial discretion, an unofficial trend of authorities assigning priority to criminal cases over lower priority deportations for undocumented immigrants, said Hiroshi Motomura, a UCLA law professor.

Undocumented students have traditionally gone into a “low-priority” bracket and would often not be targeted for deportation by authorities. Under the new deferred action policy, the students can apply for official confirmation to defer deportation, Motomura said.

Capellino said she felt both hopeful and hesitant when she first heard about this process ““ she needed more information to be certain that it would actually benefit undocumented students like herself.

“We knew it was something positive that happened, but we didn’t know all the facts, so we couldn’t get excited yet,” she said.

While deferred action application forms were originally intended to be released on Aug. 15, Capellino learned from her Facebook news feed they had been put up a day early on the USCIS.gov website. They could not be submitted until the following day, however.

Capellino and about 250 other people attended a workshop on Hilgard Avenue on Aug. 15, hosted by the Improving Dreams, Equality, Access and Success student group at UCLA.

The event was designed to help interested students in going through the deferred action application process, according to the IDEAS website. Lawyers were present to help answer students’ questions, which Capellino said was a good way for people to get more information before filing their forms.

To qualify for the deferred action process, undocumented immigrants must pass a screening process and meet various requirements, such as having continuously lived in the United States for more than five years and having entered the country before they turn 16 years old.

Applicants must also show proof that they are currently enrolled in a university, have obtained a high school diploma or General Educational Development certificate, or were honorably discharged from the military. Only people under 31 years old may apply for deferred action.

Deferred action applications are filed with the U.S. Citizenship and Immigration Services, and applicants can be granted deportation deferment for two years.

Still, not every undocumented person Capellino knows is completely happy with deferred action, she said. It means informing the government that they are undocumented ­”“ a move many have become accustomed to avoiding.

A potential problem with deferred action is that some applications may be denied, which could lead to complications for those applicants, said Judy London, a UCLA law professor.

Students whose applications are denied may be placing themselves at a greater risk for deportation because they have informed the government of their undocumented status, London said.

She added that she understands the fears of many undocumented immigrants that after two years, and they will be listed as undocumented.

Because of the political nature of the issue, Capellino said she is faced with risks either way.

Some lawmakers have recently expressed strong discontent with the new deferred action policy. Arizona Gov. Jan Brewer issued an executive order on Aug. 15 ““ the day deferred action forms were officially released ““ denying public benefits to people granted deferred action in Arizona.

This type of political climate is difficult to predict in two years, Capellino said.

In addition to temporary relief from deportation, the deferred action process allows undocumented students who meet certain requirements to obtain work permits, which would allow them to legally work in the country, Motomura said.

“I do have a job now, but there’s always a fear that (the authorities will) find out I’m undocumented,” Capellino said.

Motomura said some people have drawn comparisons between deferred action and the federal DREAM Act, but the two proposals are distinct, he said.

While the DREAM Act was a comprehensive reform for illegal immigrants that would eventually allow them to apply for citizenship, there is no such guarantee of citizenship with deferred action, he said.

“(Deferred action) is not really legalization, even though it is similar to the DREAM Act because similar people are pushing it,” he said. “Deferred action doesn’t give you a green card. It doesn’t allow you to start collecting your time. It’s not the same at all.”

While the U.S. Citizenship and Immigration began accepting applications on Aug. 15, Capellino is waiting to review her application with a lawyer before submitting it, since there is no appeals process if the request is rejected, she added.

“(Deferred action is) not some sort of miracle for undocumented students. It’s a relief for us, but there’s still so much more that needs to be done,” she said.