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DACA recipients worry their protection from deportation won鈥檛 last another Trump term

Roughly 535,000 current recipients are bracing yet again for a whirlwind of uncertainty
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Aliento CEO Reyna Montoya speaks during an immigration panel on Capitol Hill in Washington, Wednesday, Nov. 13, 2024. (AP Photo/Jose Luis Magana)

Reyna Montoya was 10 when she and her family fled violence in Tijuana and illegally immigrated to the U.S. Growing up in Arizona, she worried even a minor traffic violation could lead to her deportation.

She didn鈥檛 feel relief until 11 years later in 2012, when she received a letter confirming she had been accepted to a new program for immigrants who came to the country illegally as children.

鈥淎ll of the sudden, all these possibilities opened up,鈥 Montoya said, fighting back tears. The Obama-era program granted her and hundreds of thousands of others two-year, renewable permits to live and work in the U.S. legally.

But as President-elect Donald Trump prepares to return to the White House, after an in his first term, the roughly 535,000 current recipients are bracing yet again for a whirlwind of uncertainty. Meanwhile, a years-long challenge to DACA could ultimately render it illegal, leaving people like Montoya without a shield from deportation.

鈥淚 have to take his (Trump鈥檚) words very seriously, that when they say 鈥榤ass deportation,鈥 it also includes people like me,鈥 said Montoya, who runs Aliento, an Arizona-based advocacy organization for immigrant rights.

Uncertainty is nothing new for DACA recipients. As many matured from , they have witnessed a barrage of legal threats to the program.

DACA hasn鈥檛 accepted new applicants since 2021, when a and ordered that new applications not be processed, though current recipients could still renew their permits. The Biden administration appealed the ruling, and the case is currently pending.

For those who secured and renewed DACA permits, the benefits have been life-changing. With DACA, Montoya for the first time was able to work legally, get health and dental care, and obtain a driver鈥檚 license.

Many recipients had hoped Vice President Kamala Harris would win the presidency and continue fighting for them. But the reelection of Trump, who has repeatedly accused immigrants of fueling violent crime and 鈥減oisoning the blood鈥 of the United States, has heightened their fears that DACA could end and they could face deportation.

Out of caution, some are rushing to renew their permits, according to the Coalition for Humane Immigrant Rights, which has been providing free legal aid to help them through the extensive process.

Others are preparing for potential family separations. Phoenix native and DACA recipient Pedro Gonzalez-Aboyte said he and his immigrant parents, along with his two U.S.-born brothers, recently discussed the possibility of being split.

Gonzalez-Aboyte recalled his parents, who immigrated from Mexico, saying that even if they were unable to stay in the country, 鈥渁s long as the three of you are here and you鈥檙e OK, then that鈥檚 what we want.鈥

鈥淭hat was a very real conversation we had,鈥 Gonzalez-Aboyte said.

Officials for the Trump transition team did not respond to emailed requests for comment.

While it is unclear how Trump could impact DACA this time, he has suggested scaling back other programs that offer and is staffing his incoming administration with immigration hardliners, including .

During his first term, Trump tried to rescind DACA. But in , the U.S. Supreme Court concluded his administration ended the program improperly, though it didn鈥檛 rule on the program鈥檚 legality.

But DACA鈥檚 fate won鈥檛 be immediately left up to Trump, if at all.

A three-judge panel on the 5th U.S. Circuit Court of Appeals 鈥 regarded as the country鈥檚 鈥 in October concerning the legality of DACA. The case, initially filed by Texas and other Republican-led states in 2018, now focuses on a Biden administration rule .

Attorneys for DACA opponents argued that immigrants in the country illegally are a financial burden on states. Meanwhile, the Biden administration, along with intervenors, contend that Texas has not shown the costs it cites are traceable to the policy and, therefore, lacks standing.

The panel doesn鈥檛 have a deadline to issue a ruling. Regardless, its ruling will likely be appealed, potentially elevating the case to the U.S. Supreme Court.

Stephen Yale-Loehr, a professor of immigration law practice at Cornell University, said the most likely scenario is the panel affirming that DACA is illegal and that the case goes before the Supreme Court. He doesn鈥檛 anticipate Trump immediately trying to end DACA but didn鈥檛 rule out the possibility.

鈥淚 don鈥檛 know that they could actually terminate the program any faster than the current ligation is going,鈥 he said. 鈥淭hey could still do it, but they鈥檝e got an awful lot of immigration policy matters on their plate.鈥

Yale-Loehr said the Biden administration is limited in how it could help DACA recipients at this stage, but it could enable recipients to renew their permits early and process them as quickly as possible.

Greisa Martinez Rosas is a DACA recipient and executive director of United We Dream, a youth-led advocacy network for immigrants that boasts more than a million members nationwide. She said the immigrant rights movement has grown so much since Trump鈥檚 first term, and it鈥檚 been preparing for this moment for years, 鈥渂uilding a nimble and responsive infrastructure so that we will make shifts as threats emerge.鈥

She said they鈥檙e calling on Americans to offer immigrants sanctuary, preparing to ensure people鈥檚 physical and psychological safety in case of mass deportations, planning demonstrations and asking for help from the current administration.

鈥淲e still have a couple of months for the Biden administration to use every single tool at its disposal to protect and defend as many people as possible,鈥 Martinez Rosas said at a recent press briefing. 鈥淲e鈥檙e expecting for them to do that now more than ever.鈥





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