'We deserve to stay'

Editor’s note: The subject of this story requested to be identified by his first name only due to fears his DACA status could be threatened depending on the results of the U.S. presidential election.

On a typical morning, Erick opens his eyes at 6:30 a.m. as his Amazon Alexa wakes him up with a song. He makes the sign of the cross and thanks God for another day. He feels grateful to be in the United States.

He continues this practice from his Mexican heritage in his life in the U.S., where he's lived since he illegally crossed the U.S.-Mexico border with his family when he was 5 years old. He is now 28.

He brushes his teeth, combs his hair and hugs his wife, Jasmine, who he met at a party in middle school and married in 2023. He makes coffee and checks his emails before he sits down in his home office.

Erick works online for a market intelligence and economic forecasting firm for freight transportation as a data engineer. He was granted employment authorization without being a U.S. citizen through the Deferred Action for Childhood Arrivals program, implemented via an executive order from President Barack Obama in 2012.

DACA grants people living in the country illegally who arrived when they were children temporary protection from deportation and authorization to work for two years, subject to renewal, under strict requirements. They are called “Dreamers.”

When he applied in 2013, Erick met the criteria of having been under the age of 31 as of June 15, 2012; come into the U.S. before the age of 16; continuously lived in the U.S. since June 15, 2007; been physically present and having no lawful immigration status in the U.S. on June 15, 2012 and at the time of application; been enrolled in school and without criminal history.

In September 2017, the Trump administration tried to repeal DACA, but a 5-4 U.S. Supreme Court ruling found inadequate justification for ending the program.

For almost six years, the fate of over 535,000 active DACA recipients has been tossed around in court rooms. Donald Trump has campaigned for a mass deportation of immigrants, including many who have lived in the U.S. most of their lives. With a 6-3 conservative majority in the Supreme Court today — including many Trump appointees— another attempt to repeal the program may have a higher chance of success.

The uncertainty of Erick’s future pushes him away from the election headlines, but he will not move back to Mexico by choice. The things that make him happy — his family, friends and work — are here in the states. He was not born here, but the U.S. is his home.

•••

Erick and his family moved from Acapulco, Guerrero, Mexico, to Santa Ana, California, in 2001. After a year, the excessive cost of California living influenced his parents to move to East Chicago, Indiana, where his grandmother already resided.

His mother secured a job at a dry cleaner in Indiana before they moved, but his father was unemployed until he started working as a dishwasher in a restaurant several months later. They walked everywhere because they didn’t have a car or a driver’s license, meaning Erick walked everywhere too.

“Immigrating to a new country, I think you kind of just start with nothing,” he said.

He walked 3.2 miles to school from his home, comparable to walking the entire length of the B-line trail. It didn’t matter if it rained or snowed — that’s what he did.

The dry cleaner was on the way, and his mother was already at work, so his father would drop him off there on his route to work around 6 a.m. They often would bring a trash bag to collect aluminum cans. At the end of the month, they would take everything to the recycling center to earn extra money.

Once he arrived at the dry cleaner, Erick tried to sleep another 45 minutes before walking the rest of the way. With nowhere to sleep, his mother would make a bed out of cardboard boxes.

— Erick, DACA recipient living in Bloomington

When he moved to the United States, he only spoke Spanish. On his first day of kindergarten, his class was already full. When his teacher asked for one person to volunteer to share their locker with Erick, Edgar immediately raised his hand. Edgar was not an immigrant, but he was one of Erick’s first friends in the states and taught him how to speak English.

Erick and Edgar became so close their families would spend weekends and holidays at each other’s homes.

“As an immigrant, the people you meet, you tend to hold them as close as family,” Erick said.

As kids, Erick and Edgar wanted only to grow up. They wanted their own car and to be able to drive — a dream Erick was unaware might one day be possible for himself.

•••

Six months before Erick’s 17th birthday, the Obama administration announced DACA. He heard about the program from his mother and Edgar, but he was skeptical at first. It wasn’t until the early months of 2013 when he felt the program was credible enough to apply. He didn’t want to be let down.

Once he was sure, he dropped everything to file the paperwork. A $495 fee accompanied the application, so he helped his dad with construction projects on the weekends to offset the cost.

He received his approval of application in the mail on March 6, 2013.

This opened the door to a whole new world for him. Under DACA, recipients can apply for employment authorization, and therefore are given a social security number. He could now apply for a job, get his driver’s license and have a little more peace of mind without risk of deportation.

A life beyond the one his parents made became more realistic — going to college, graduating with a degree and finding a career that he had a passion for.

Erick first visited IU’s campus during Jasmine’s brother’s graduation. He snapped the iconic Sample Gates graduation photo for him, and it became a memorable place for him on campus when he became a student in 2015.

As he was applying to Indiana colleges, one of his high school teachers informed him that the 21st Century scholarship, a financial aid program for Indiana students, wouldn't work for him. Erick thought he would have most of his tuition paid for, but financial aid is only granted to U.S. citizens.

Instead, Jasmine helped him find the Hoosier Link program, which allowed him to live on IU’s campus his freshman year but attend classes at Ivy Tech in Bloomington. He paid out of pocket for his tuition, so he took advantage of the cheaper rate for one year. He transferred to IU to study informatics as a sophomore.

He lived in McNutt Quadrangle during his freshman year and worked at the C-store until his junior year. He played recreational soccer and joined Sigma Lambda Beta, a multicultural fraternity. He felt a part of the community — somewhere he thought he finally belonged.

But in 2017, the confidence he had in his future dimmed. The Trump administration attempted to rescind the DACA program, leaving Erick and hundreds of thousands of recipients uncertain of their legal status in the country.

•••

A nation without DACA would be America’s loss, IU School of Education professor Gerardo Gonzalez said.

As a Cuban immigrant who fled the Cuban Revolution with his family when he was 11 years old, Gonzalez identifies with DACA recipients. Because of his circumstances, his family was granted asylum and a path to citizenship, something he wished all DACA recipients could earn.

“To me, it's just a short-sighted effort to undermine something that has proven its worth for the people and the country, just in the interest of political gain,” he said.

Professor Vanessa Cruz Nichols, a political scientist at IU, said threats of mass deportation put the temporary protected status of many immigrants in question. Part of her research showed that a negative rhetoric of mass deportation has fostered anxiety for both immigrants and their U.S.-born family members, especially in counties where there is more deportation.

“With (Trump’s) threats to remove TPS for some, that would arbitrarily declare making those that are legally here seem as though they are here illegally.” she said. “That’s really troubling.”

More deportations were carried out under the Obama Administration than Trump’s, but Obama did not try to deport legal immigrants, Cruz Nichols said. She expects to see a similar discretionary deportation process if Harris secures the election. Both presidential candidates have campaigned for stronger border security, she said.

Although the U.S. Supreme Court decided Trump’s 2017 repeal of DACA was unjustified, it restricted new eligible applicants from initial applications. Nearly 600,000 immigrants have been barred from the program since.

Even though new applications were halted, the requirements from 2012 never changed. Fewer immigrants who fall under similar circumstances have been able to apply as years pass because they have aged.

On Sept. 28, 2021, the Department of Homeland Security under the Biden administration proposed a final rule to fortify DACA into law. A federal Texas judge, Andrew Hanen, found DHS violated the Administrative Procedure Act in July 2021, arguing that DACA exceeded the power of Congress when it was created in 2012. The Biden administration appealed, but Judge Hanen determined in September 2023 that Biden’s final rule was not materially different than the 2012 DACA proposal, ruling that it was unlawful. However, the ruling still allowed active DACA recipients to be eligible for renewal.

Most recently on Oct. 10, three appellate judges of the 5th U.S. Circuit Court of Appeals in New Orleans heard arguments from the Biden administration to implement a strengthened DACA into law. If the 5th Circuit finds DACA unlawful again, the case is likely to be returned and decided upon by the Supreme Court.

•••

Erick weighed his options after hearing about the attempted repeal in 2017.

What was the point of completing his bachelor’s degree if employers wouldn’t be able to hire him? He was already halfway through — should he really continue?

He knew if he needed to, he could work in construction with his father, but he didn’t want to.

As he entered his final semester at IU, DACA was still intact. He began applying for jobs in the Spring of 2019, but many employers did not understand his specific immigration status.

It was difficult to explain that he had neither a visa nor a green card, but a type of work permit that granted him authorization set to expire every two years. He had to tell them the program was never a long-term guarantee.

For eight months he was rejected or ineligible. Some employers questioned whether he was worth investing in, Erick said, never even giving him the chance to prove himself.

Eventually, one of his professors found a data forecasting company in Bloomington that posted an ad on Luddy’s career development website and recommended Erick apply. They offered him a job in August, which he gladly accepted. He and Jasmine moved into a Bloomington rental home in September 2019.

•••

In August 2023, Erick traveled to El Paso, Texas. El Paso borders Ciudad Juárez, Mexico, and a college football stadium sits upon a hill overlooking the border. He went to visit the stadium before attending an El Paso Chihuahua's baseball game.

It was the first time Erick had seen Mexico since he left when he was 5 years old.

The first thing he noticed was the drastic difference in infrastructure. It made him think back to what he had as a kid compared to where he is now.

“Sometimes I wish I had this or could do that,” he said. “But I’m not in that situation, I’m doing a little bit better.”

Erick always wanted to travel the world. He wanted to go to Spain to watch a soccer game. He wanted to join his friends from college on a trip to Brazil. One of his college friends invited him and Jasmine to travel to India where it’s cheaper to get married. He always gave a verbal “yes,” but in the back of his mind he knew he couldn’t go.

DACA restricts recipients from leaving the U.S. after being approved unless it is for education, employment or humanitarian purposes. Most Dreamers cannot apply for U.S. citizenship since they likely came into the country illegally.

Knowing he wanted to find a path to citizenship, he consulted a local lawyer, Joseph Fuschetto, to determine his options. Fuschetto told him he needed to legally re-enter into the U.S. Lawful entry is a necessity to be able to apply for a green card.

Erick talked to his bosses about starting the green card application process. It so happened that the company was working on a project with a Canadian client. He had thought of legally re-entering for several years, but was worried it wouldn’t work. The timing finally lined up.

His company arranged a trip to Montreal, Canada, for three days in October 2023. He was granted advanced parole and needed several documents to present to border control to come back into the country, this time legally. He researched on YouTube and Reddit to make sure he thought of everything that could be asked of him.

Before he left for the airport, his mother sobbed, worried he wouldn’t make it back. His father told him he loved him.

The entry into Canada and the presentation went smoothly. He only spent two evenings exploring Montreal with his wife and a co-worker, but he saw part of the world he once thought wasn’t possible.

They spent their time sightseeing in Old Montreal, weaving in and out of souvenir shops in the narrow streets. It reminded Erick of how European cities look in pictures. He drank the best mojito he’d ever had in a restaurant. The city is in French-speaking Québec, but he was surprised to hear several groups of Latino tourists speaking Spanish. It made the environment feel more inviting.

Erick tried to stay present and enjoy himself, but the trip was overwhelming at times — he was worried about his re–entry. This moment would determine the rest of his life in the United States.

He was surprised when one of his coworkers suggested they leave for the airport three hours early on the morning of their flight. The airport was only 15 minutes away, and he didn’t think it would take that long. But on the way back into the U.S., a few hiccups occurred.

The desk attendant at the airport told him she needed another document to give him his boarding pass — a document he didn’t have. He panicked but tried to stay calm and explained to her that this was everything he was told to bring. She had never processed his type of documents before.

Another worker who knew how to process the documents came to help, but he was quickly pulled away by another passenger. It had already been an hour. After he was given his boarding pass, he was led to a waiting room for another hour. Erick just needed to get back into the country. He was less worried about gaining citizenship than reuniting with his family.

He took his first legal step on American soil Oct. 24, 2023. If they had left their hotel much later, Erick would have missed his flight.

“I’ve never felt like a U.S. resident legally, but in my mind it’s like I grew up here,” he said. “I have more years living here than the country I was born in.”

Erick applied for his green card in February 2024 through the United States Citizenship and Immigration Services — which is currently being processed. He’s still required to renew his DACA status in the meantime.

•••

During the quiet moments of Erick’s life, he prays to God. Over dinner, he and his wife ask God to bless their food, listen to their prayers and give them guidance. His wife taught him to always leave it in God’s hands, and more importantly, to have faith.

He asks for guidance while working on important projects. While renewing his DACA status. While awaiting news on his green card application.

He finds himself checking his USCIS account every day, only to see the screen say, “four weeks left until the next step in your application.” Four weeks pass and the same text appears.

He searches Reddit for accounts of others going through the same process. His heart drops when he sees people who have applied later than him have already received their green card. He is ultimately happy for them.

“My desire would be to always live here. If I was ever in the position where I couldn’t travel or come back into the country, I would eventually look into changing that,” he said. “I want to go live life.”

Erick’s future could be determined by the results of the presidential election. In addition to calling for mass deportation, Donald Trump threatened to take away Temporary Protected Status for certain immigrants. Kamala Harris has urged congress to pass an earned way to citizenship for Dreamers.

Erick has not kept up with the election because he cannot vote. He doesn’t think his voice will make a difference. Even if he could vote, staying up to date has made him anxious. When he was a freshman in college trying to stay informed, he found himself crying in the middle of the night.

“My emotions are everywhere, and I don’t want to let it control me,” he said.

He reads the stories from Dreamers on Reddit who are worried about the election outcome. Some said if DACA ended they would move back to their home countries and hope their friends from America would visit them.

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