Opinion articles provide independent perspectives on key community issues, separate from our newsroom reporting.

Guest Commentary

Kansas benefits enormously from DACA. Senators Marshall and Moran, we need your help

A U.S district judge has thrown the lives of hundreds of thousands of Deferred Action for Childhood Arrivals recipients into chaos.
A U.S district judge has thrown the lives of hundreds of thousands of Deferred Action for Childhood Arrivals recipients into chaos. Associated Press file photo

Can you imagine living in fear that you will no longer be able to work or go to school — or that you might even be taken from your home? This is the fear that 1.2 million young undocumented immigrants brought to this country through no fault of their own live with every day. And that fear just became a lot worse.

Last month, U.S. District Judge Andrew S. Hanen ruled that the Deferred Action for Childhood Arrivals program, which allows many of these young adults to live and work here temporarily, is unlawful because it failed to adhere to the notice and comment period rules under the Administrative Procedures Act. He did this even as he acknowledged that “hundreds of thousands of individual DACA recipients, along with the employers, states, and loved ones have come to rely on the DACA program.”

That’s why we need Sens. Roger Marshall and Jerry Moran to support the Dream and Promise Act, which passed in the House of Representative in March and is currently stalled in the Senate. The bill would create a new “conditional permanent residence” for these young people, often referred to as “Dreamers.” After meeting conditions such as passing a background check, attending college, joining the military or gaining three years of work experience, these individuals could apply for lawful permanent resident status and finally be free of the legal limbo they have suffered for decades. This stability would allow them to amplify their already considerable contributions and boost local communities and economies across the country.

Over my 20-plus years of experience as an immigration lawyer in the Kansas City area, I’ve seen the vital role that these people play. Nearly half of my staff are or have been DACA recipients, as are many of my clients. They are devoted students and workers — exactly what Kansas employers need. And their contributions are on display nationwide. Nearly one-third are essential workers, such as nurses, farm workers and food service providers. According to New American Economy, more than 62,000 of these young immigrants work in health care — especially important, given our state’s crisis of health care worker shortages and its rapidly aging population.

In fact, Kansas recognized these contributions many years before the federal government implemented DACA. In 2004, the Legislature passed a bill allowing undocumented students to pay in-state tuition at our public colleges. This gave promising undocumented immigrants the ability to pursue higher education and build professional careers. Yet years later, the Trump administration tried to end DACA — and almost succeeded. Those efforts left thousands of Kansas hospitals, nursing homes, farms and Main Street businesses in peril, facing the loss of vital employees overnight and the threat of hundreds of families being torn apart. The Supreme Court eventually had to step in. Now, Judge Hanen’s decision has again created confusion and anxiety for employers, communities and applicants alike.

A majority of Americans don’t want to see this happen. Even 71% of conservatives support a commonsense and compassionate approach to these people, according to a 2020 poll by Politico/Morning Consult. And Kansas politicians have been supporters of the state’s Dreamers for years. This includes Sens. Marshall and Moran, who urged compassion for them when Donald Trump attempted to rescind DACA in 2017.

In my line of work, I have to tell a lot of people that their chance of obtaining legal residency or citizenship is slim. Yet, time and again, I am astounded when an immigrant says to me, “But I have hope.” Millions of people still believe in and seek out the American dream. When my own parents immigrated from India to Detroit, they carried that spirit as well. In the mid-1970s, my uncle filed for us to immigrate. The process was seamless and quick — really quick. This is no longer the case, as backlogs and delays have made the process take decades for many. For some, the system offers no process at all. While it is a different landscape today, the people I serve retain their hope, their determination and their devotion to the American dream. They haven’t given up.

Our nation’s 1.2 million Dreamers have lived here for years, attend our schools, work in our businesses and live in our neighborhoods. They are us. And we have always taken care of each other. That’s why I’m asking our senators to join me in supporting the American Dream and Promise Act. We owe it to them, and we owe it to ourselves. It is time.

Rekha Sharma-Crawford is a nationally recognized immigration attorney and advocate who has practiced in the Kansas City metropolitan area for the past two decades.

This story was originally published August 18, 2021 at 5:00 AM with the headline "Kansas benefits enormously from DACA. Senators Marshall and Moran, we need your help."

Get unlimited digital access
#ReadLocal

Try 1 month for $1

CLAIM OFFER