Uncertainty continues for San Jose woman amid recent DACA ruling
SAN JOSE -- A federal judge in Texas earlier this week once again ruled that the Obama-era Deferred Action for Childhood Arrivals program – better known as DACA – is unlawful.
Back in 2021, U.S. District Judge Andrew Hanen first declared DACA illegal. Since that ruling, first-time applications have been blocked, but existing DACA recipients could still renew their applications.
On Wednesday, Hanen declared the latest revised version of the policy unlawful. The Biden administration is expected to appeal the ruling and the case is likely reach the Supreme Court. Current DACA recipients can still renew their applications.
For the last several years, DACA has taken many hits, leaving recipients uncertain about what their future in the U.S. will look like.
DACA protects undocumented immigrants from deportation and allows them to work in the U.S. legally. It is estimated that around 580,000 people in the U.S. benefit from DACA.
Flor Martínez Zaragoza is one of many DACA recipients here in the Bay Area who came to the U.S. with their families at a very young age.
"I don't remember the trip here. One day I was in Mexico and the next in LA," Martínez Zaragoza said.
She's been living in the Bay Area for the last several years. She said she applied for DACA when it first started.
"Graduated high school; thankfully that's when DACA came out. If not, I probably would have gone back to farm work," she said.
It gave her the opportunity to work legally. She now has her own nonprofit called "Celebration Nation," focusing on supporting and uplifting indigenous and Latino communities. She also has grown her social media, using her platform to support farmworkers and talk about issues the Latino community faces.
While Martinez Zaragoza is a DACA recipient, she's thinking of others who haven't been able to apply.
"I'm always thinking about the high schoolers that graduated these past few years and they just aren't able to apply to DACA," she said.
Just last year, DACA marked 10 years since it first started in 2012. But people haven't been able to apply as first-time applicants in two years.
Cesar Bautista is an immigration attorney with nonprofit Amigos de Guadalupe. He suggests DACA recipients talk with a lawyer.
"To see if there are other pathways. There are definitely people who have DACA who qualify for other types of status," Cesar said.
KPIX 5 has talked with Martinez Zaragoza over the years. She's been sharing her story and advocating for the rights of immigrants and farmworkers. She says what's needed now is immigration reform.
"I would suggest that we stop fighting for DACA, stop trying to keep DACA, and start fighting for citizenship. Because that's what we deserve, and that's what we were promised," she said.
