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As the Republican-led Congress refuses to pass any permanent protections for Deferred Action for Childhood Arrivals (DACA) recipients—and Donald Trump continues to torpedo any bipartisan progress—undocumented immigrant youth could be set to win important victories at the state level.
In Rhode Island, a bill preserving driver’s licenses for DACA recipients regardless of what happens with the program passed the House of Representatives by a landslide, 64 to 3. While the original bill also intended to issue limited work permits, the “provision was removed for fear it would run afoul of federal law.” Still, “this provides certainty at a time when Dreamers have had nothing but uncertainty,” said DACA recipient Rodrigo Pimentel.
“In qualifying for the DACA program,” the American Civil Liberties Union (ACLU) wrote in support of the legislation, which was authored by Rep. Shelby Maldonado, “these Rhode Island residents earned the right to drive, but when their status expires, so will this right, further upending their lives.”
“The president has made clear he has no intention of helping these individuals retain their status,” the ACLU continued. “In the absence of congressional action, state officials have an essential role to play to protect those who have been victimized by this inhumane action. That is why legislation ensuring that Dreamers will still be able to drive is so important.”
Dreamers are seeing similar good news in New Jersey, which became the 17th state to join a lawsuit against the Trump administration over its rescission of DACA, “arguing the move harms not only the young recipients but also the state's economy, public universities, health and safety.”
Gov. Phil Murphy—who defeated anti-immigrant Republican Kim Guadagno last year—“announced in January the state's plan to join the multistate lawsuit, started by New York Attorney General Eric Schneiderman.” New Jersey is home to 22,000 DACA recipients and thousands more could be eligibe to enroll, but recent court decisions only allow former and current DACA recipients to participate in the program.
“While New Jersey and other states can point to a multitude of ways in which removing DACA grantees will cause significant harm,” state Attorney General Gurbir Grewal said in a statement, “the federal government has yet to cite one valid rationale for doing so. That’s because there isn’t one. We owe it to ourselves to fight this unjust and unnecessary action, and as the state’s Attorney General I’m glad to do so.”
The New Jersey Assembly has also approved legislation extending in-state tuition to immigrant youth. If Gov. Murphy signs the legislation (it’s already passed the Senate), New Jersey would join California, Oregon, Washington, Texas, Oklahoma, Minnesota, New Mexico, and Hawaii in helping immigrant youth access higher education.
“This not a political issue,” said Assemblyman Gary Schaer, a primary sponsor of the legislation, “but this is a statement of who we are and where we want to be as a state. If we look at it totally from a selfish perspective as a state, this will help from them going to and graduating college, becoming taxpayers, and aiding in helping grow the New Jersey economy.”
And, helping young Americans-in-waiting achieve their dreams. “I wasn’t sure which way it was going to go,” said Madelyne Montes-Reyes, a young immigrant who said she had to take a break from college because she couldn’t afford the tuition. “It was just very emotional. It’s great to see we do have support.”