Question: I’m on DACA and my friend is renewing DACA and another friend is going to apply for DACA. I have heard rumors about this. Should I be worried?
Answer: Yes, you should be worried. There have been various leaks from the White House. There have also been rumors that a number of White House officials, including former and current White House Chiefs of Staff Reince Priebus and John Kelly, President Trump's daughter Ivanka Trump, and Vice President Mike Pence, want the president to strike an ambitious deal with Congress that offers Dreamers protection in exchange for legislation that pays for the border wall, more detention facilities, legal immigration curbs, and the implementation of E-Verify.
This is atrocious that the President of the U.S. would seemingly use the DACA recepients as pawns to get a Wall built. Ironic that he wants to use as leverage a program that allows persons here illegally to stay here on an approved program in exchange for building a Wall supposedly used to keep people out from coming into the U.S.
Question: As of now, what are the requirements for DACA?
Answer: DACA or Dream Act or Dreamers or Deferred Action as it i s called has the following requirements:
To request Consideration of Deferred Action for Childhood Arrivals, you must meet the following DACA requirements: You were under the age of 31 as of June 15, 2012; You entered the United States prior to your 16th birthday and You have resided in the United States since June 15, 2007 and currently are present in the U.S..
Question: What happens if is ended?
Answer: That is unclear. It is unclear if you are already on DACA as to whether you will be able to continue until it terminates or upon the day Trump does not renew it; whether a renewal already in the pipeline will be able to continue; whether a person outside the U.S. on Advance Parole can re-enter the U.S. without a problem and a variety of other factors.
It is likely that there will be multiple lawsuits depending on the language of the termination of DACA and its provisions. There will be due process requirements and notice issues.
Question: Is there anything I can do?
Answer: Absolutely. There are many ways to fix status and ultimately become legal. While DACA was certainly a good program, it does not mean the other programs will disappear. DACA was issued through an executive order, and therefore can likewise be revoked. However, changing other areas of Immigration Law on a whim it not possible for the President.
Rather, it is Congress that must pass legislation to properly change Immigration. It is a much more complex process. At a minimum, you should see a qualified immigration attorney in order to get a detailed consultation on what other options exist for you.
- Published in Brian Lerner