The End of DACA under Trump?
As the shock waves settle after the election, it's time to focus on advocacy for our immigrant brothers and sisters. Trump's immigration policy to end Obama's DACA (Deferred Action for Childhood Arrivals) will have devastating, heart-breaking effects - whether you agree with him or not.
Trump's grandiose campaign promises are difficult to achieve outside of rhetoric. But he can act alone in the immigration arena, without those pesky checks and balances.
The Dreamers & DACA
Hundreds of thousands of undocumented children were granted protection from deportation under President Obama's 2012 DACA executive action. Many DACA Dreamers are veterans, academic scholarship recipients, valedictorians, athletes, and musicians; and are high-achieving members of the U.S. workforce. And some of my clients have a thicker Kentucky accent than I do.
A suspension of DACA will clip their wings. Worse, they may face deportation. The U.S. is their home and many do not remember their native country. Most were brought to the U.S. as infants or children who had no other choice.
What Trump said about DACA Dreamers:
Trump expressed in February: "I want dreamers to come from the United States
[. . .] We're always talking about dreamers for other people. I want the children that are growing up in the United States to be dreamers also. They're not dreaming right now."
In August he said "We will immediately terminate President Obama's two illegal executive amnesties in which he defied federal law and the Constitution to give amnesty to approximately five million illegal immigrants, five million.”
What Trump Could Do about DACA Dreamers:
Kansas Secretary of State Kris Kobach is on Trump's transition team. Kobach advised Trump on immigration policy during his campaign. It was Kobach who was instrumental in the rhetoric about building a wall, one of his biggest campaign slogans.
While no specifics have been announced, to abolish DACA, Trump could conceivably go about it in different ways:
Cancel DACA/work permits & Allow to Expire:
Trump could announce an end date, reject applications filed after such end date, and allow those who have DACA and work authorization to keep it;
Trump could cancel the program for future applicants and suspend the status for once it expires, not allowing for renewal. This is likely best case scenario.
Immediately suspend DACA:
He could also simply cancel DACA and end it effective immediately, with no further action. This is middle of the road, and in line with his campaign promises.
Immediately suspend DACA and Deport:
He could suspend status, work authorizations, and applications, and initiate removal proceedings;
This is the harshest and most frightening possibility as Trump now has a database of DACA dreamers - including their addresses, their family's biographic information, and even a comprehensive list of their schools and employers.
What if someone is eligible to apply for DACA for the first time right now? This precarious scenario is the most difficult. On one hand, if Trump keeps DACA and allows those who have it to either remain with it indefinitely or keep it until expiration or at some future time, then one would be advised to apply as soon as possible. But the possibility that DACA dreamers could be placed into removal proceedings is a real danger and a risk that anyone eligible for DACA must consider now before applying.
Could Trump Soften?
In more recent interviews and debates, Trump's rhetoric seemed to become softer, but then harsher again. For example:
September 7, 2016: "I think that when you serve in the armed forces, that’s a very special situation, and I could see myself working that out, absolutely,” Trump said he was open to allowing undocumented immigrants serving in the military to remain in the country. This is in line with current DACA policy, which is open to those who have been in the military as well.
August 24, 2016: “No citizenship. Let me go a step further -- they'll pay back-taxes, they have to pay taxes, there's no amnesty, as such, there's no amnesty, but we work with them. Now, everybody agrees we get the bad ones out. But when I go through and I meet thousands and thousands of people on this subject, and I've had very strong people come up to me, really great, great people come up to me, and they've said, ‘Mr. Trump, I love you, but to take a person who's been here for 15 or 20 years and throw them and their family out, it's so tough, Mr. Trump.' I have it all the time! It's a very, very hard thing."
It seems that there is a real possibility that Trump's immigration stance is still quite malleable, despite the harsher rhetoric that was heard during the primaries. He will adhere to the deportation of criminal immigrants, as both liberal and conservative leaders have always done (see previous blog post: "Good" versus "Bad" Immigrants).
How to Support DACA Dreamers?
Attorneys and community groups alike are already gathering and preparing for battle. United We Dream, an immigrant youth-led organization has declared a state of emergency and you can donate here to support their advocacy.
Contact Representatives and leaders and put pressure on them. While DACA is an executive order, Trump has advisors. Pressure should come from all sides. Also, a comprehensive immigration reform bill should include a path to citizenship for Dreamers - and this is a bill that your representatives can draft and introduce.
In the next several weeks and months in Louisville, KY there will be a series of community-wide meetings. I will post those dates and times as they get planned. But largely, DACA Dreamers and other immigrants need our support. These young folks are vulnerable, afraid, and lost. Showing understanding is a great way to start.
Other Trump Immigration Policies
This NYT article discusses other changes in Immigration Policy which will be "swift and sweeping," according to the New York Times.
