SAN DIEGO (Border Report) — Irving Hernandez became part of the DACA program as he was about to enroll at San Diego State University where he would receive a degree in aerospace engineering in 2017.
He arrived in California as a six-year-old who was brought to the U.S. by his undocumented parents.
DACA, short for the Deferred Action for Childhood Arrivals, offered young people like Hernandez a chance to work and live in the U.S. without fear of deportation.
But it never became law as the Trump administration failed to support it.
When President Biden took office, Hernandez became optimistic that a path toward citizenship would finally become a reality.
Instead, in June 2021, the Southern District Court in Texas ruled DACA was unlawful.
It said the program had wrongly been implemented by the executive branch.
The court did allow for people like Hernandez, who were already enrolled, to remain part of the program while appeals were heard, but it blocked first-time applicants from signing up for DACA.
In October 2022, the 5th Circuit Court of Appeals based in New Orleans, agreed with the lower court, putting the program’s future in limbo.
“The underlying tone is that ‘We don’t want you here.’ They don’t see us as Americans,” Hernandez said.
Currently, Hernandez works for a law firm that helps people with immigration issues.
His ultimate goal is to go to law school and become an attorney.
Later this week, he plans on traveling to Louisiana to be part of the 5th Circuit Court of Appeals’ latest DACA hearing.
“About 300 DACA members are going to be there,” said Hernandez, adding he will be in the courtroom when the arguments are made.
“The tone has never been ‘Let’s compromise, let’s meet in the middle, let’s help these kids, let’s help this talent, so they can further help this country,'” Hernandez said. “It has always been ‘You are unlawful, you are illegal, you are an alien.’”
Hernandez hopes the court changes its mind.
“These judges from the appeals court have the power and capacity of not destroying this program,” he said.
If the court doesn’t change its decision, DACA’s future will likely end up in the hands of the U.S. Supreme Court.
“We’re fighting for equal, and we know this country has a problem with giving people equal. I was a kid, I was a child when I got DACA, now I’m a man, I can fight for myself, and we will continue fighting,” Hernandez said.
According to the National Immigration Forum, approximately 530,000 people are enrolled in DACA.
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