Undocumented Filipina wary of applying for DAPA

NEW YORK CITY (Updated with corrections) – Bulacan native Grace Concepcion came to the US in February 2011 using a tourist visa.

She overstayed her visa and worked odd jobs as an undocumented immigrant in America.

Today, she has a US-born child, no criminal record, and she speaks English.

She would have qualified for President Obama’s Deferred Action for Parental Accountability or DAPA but she came to the US a year too late to make it to DAPA’s January 2010 cutoff.

For those who qualify, DAPA offers work permit and deportation relief to undocumented parents of US Citizens who have lived in the country for five years and who pass a background check.

DAPA would also provide travel parole for those who qualify.

“Gusto ko umuwi ng Pilipinas, siyempre yun, yung wala kang fear,” she said, “Usually ang sinasabi niya nga is, I want to go to the Philippines, I want to go visit there with you lang nanay.”

Roughly four million people are eligible for DAPA.

But last month, a federal judge issued a preliminary injunction on DAPA and the extended DACA, after 26 states sued to overturn Obama’s executive actions on immigration.

“Ang original DACA recipient, yung na-grant nung June of 2012, ay hindi affected, so pwede pa rin silang mag-renew. Hindi natatanggal yung deferred action nila,” Immigration Lawyer Ellaine Carr said. “Ang apektado lamang ng preliminary injunction ay yung expanded DACA at yung DAPA, pero ang executive action nandiyan pa rin, meron lang temporary hold.”

Concepcion said she has reasons why she has second thoughts about applying for DAPA.

“Kasi marami ngang nagsasabi sa akin na, ok pag-nag-come out ng ganyan, pag nag-fill-up ka nang ganyan, malalaman na nila, it’s much easier na para madeport ka nila kasi may record ka na,” she said.

“The truth is that a lot of immigrants have been deported under his presidency, under his term, so even if we wanted to trust the government,” Woodside, New York resident Espie Perrella said. “But what if it happens? So what is our proof that we are really protected here?”

The USCIS and the Department of Homeland Security have assured immigrants that only those with criminal history are in their priority list for removal.

Still, immigrant advocates here say they are confident and are praying for DAPA to eventually triumph in the courts.

You may contact Don Tagala at don_tagala@abs-cbn.com for more information.

NOTE: It was previously written that Grace Concepcion qualified for DAPA but after further investigation, it turned out that she did not make the January 2010 cutoff date to qualify as a DAPA recipient.