The Deferred Action for Childhood Arrivals (DACA) program, a beacon for many young undocumented immigrants known as Dreamers, now faces an uncertain future with Donald Trump’s return to the presidency. This article explores Donald Trump’s historical approach to DACA, speculates on potential DACA changes in Trump’s Second Term, and outlines steps recipients might consider to safeguard their status.
Trump’s Historical Stance on DACA
Former President Obama enacted DACA to protect from removal young people brought into the country in their childhood as well as to afford them a manner to continue with higher education and work, contributing to this country which, which for many, was the only country that they knew or remembered.
In his first term, President Trump’s efforts to dismantle DACA were met with significant resistance. His administration’s initial move to terminate the program in 2017 sparked widespread legal battles, culminating in a Supreme Court decision in 2020 that preserved DACA for those who already were in this status, not primarily on its merits, but largely due to procedural missteps in the attempt to end it. This ruling, while a victory for DACA recipients, highlighted the program’s precarious legal standing, which could be more aggressively challenges in a second Trump term.
Anticipated DACA Changes in Trump’s Second Term
Legal Strategies and Policy Shifts:
The Trump administration might adopt a more strategic approach to challenge DACA and end the program:
- Administrative Precision: By employing a more detailed and legally sufficient regulatory process, the administration could attempt to end DACA in a way that withstands legal scrutiny, addressing the criticisms from the Supreme Court regarding procedural errors.
- Legislative Maneuvers: There could be a push for new legislation that either terminates DACA or significantly alters its framework, potentially making eligibility more stringent or benefits less substantial.
In terms of broader immigration policy:
- Enhanced Enforcement: Expect a return to strict immigration enforcement, possibly affecting how DACA recipients are treated in terms of employment opportunities, renewals, and even the possibility of deportation.
- Shift in Focus: Immigration policies might shift towards merit-based systems, emphasizing skills over humanitarian considerations, which could sideline programs like DACA.
What DACA Recipients Should Know
For those under DACA protection, here’s what to keep in mind:
Renewal Importance
Act quickly to renew your DACA status if your status is expiring within the next six months. The political climate could change abruptly, impacting the process or criteria for renewals.
Legal Consultation
Engaging with immigration lawyers can provide invaluable guidance. They can offer strategies tailored to your situation, especially as policies might evolve.
Exploring Alternatives:
- Family-Based Immigration: If you have relatives who are U.S. citizens or permanent residents, explore family-based visa options.
- Humanitarian Relief: Look into visas like U or T if you’ve been a victim of crime or trafficking.
- Advance Parole: While it involves risks, this could be a way to travel legally for important reasons, but ensure you’re well-informed about re-entry issues.
Pathways to Citizenship
Legislative efforts like the DREAM Act have repeatedly aimed to offer a pathway to citizenship for Dreamers. However, under Trump’s policy preferences, these initiatives might find it tougher to gain traction. Yet, the shifting sands of public opinion and demographic changes could still influence future legislative outcomes in favor of immigration reform.
Conclusion
The future of DACA under Trump’s second term is fraught with uncertainty but not devoid of hope or action. DACA recipients must stay informed, proactive, and seek legal advice to navigate these potential changes.
If you need assistance or are looking for clarity on your immigration options, Oltarsh & Associates, P.C., a trusted immigration law firm in New York City, is here to help. Whether it’s DACA renewals, exploring other immigration benefits, or understanding the evolving legal landscape, contact us via email or call us at (212) 944-9420 for expert advice.
