Elana Levin

published What Does Trump Mean for DACA & DAPA in Home 2016-11-17 15:10:41 -0500

What does Trump mean for DACA and DAPA?

Q: What will happen to DACA when Donald Trump takes office as president?


A: On November 9, 2016, Donald Trump issued a statement in which he said he intends to “cancel
every unconstitutional executive action, memorandum and order issued by President Obama” starting
his first day in office. Make the Road New York believes that there is at least a real possibility that
Donald Trump as president may take steps to end DACA as soon as January 20, 2017.

Q: How quickly can Trump end DACA?
A: DACA is not a law passed by Congress; it comes from the President. Therefore, the President has broad legal authority
to take action to end DACA almost immediately.

Q: What about my DACA work permit?
A: If DACA ends and USCIS stops adjudicating applications, they will no longer issue work permits. We don’t know
what might happen to existing DACA work permits. It is possible that these permits would be revoked which would mean
losing the legal right to work in the United States, or it is possible that they will be valid until their expiration date.

Q: I think I qualify for DACA, but I don’t know if it’s too risky to apply. What should I do?
A: Although the decision is yours to make, Make the Road New York strongly recommends against filing any new
application for Deferred Action for Childhood Arrivals, because that application would require you to give personal
information to the federal government, possibly placing you at risk. Ordinarily, a DACA denial does not place a person in
removal proceedings, but given how unpredictable President Trump may be as a president, there is a possibility that could
change.

Q: I have DACA but I want to renew. What should I do?
A: Choosing to renew a DACA application, if you have not moved and have already shared your address with the
government, may be less risky. Advocacy groups are urging USCIS to approve renewals as fast as possible, however it is
important to keep in mind that if DACA ends before your renewal is approved, you will not get the filing fee back.

Q: Can I still apply for Advance Parole as a DACA recipient?
A: Make the Road New York recommends that any DACA recipient who has been granted advance parole return to the
United States from any trip abroad significantly before January 19, 2017. Anyone with any kind of criminal or
immigration detention/court history must consult with an immigration attorney before applying for Advance Parole. It is
critical that anyone who has traveled on Advance Parole consult with an immigration attorney about possible routes to
immigration relief.

Q: What will happen to DACA + and DAPA, President Obama’s proposed program for undocumented parents?
A: The implementation of these orders remains on hold because of a court order in Texas. If the DACA program ends, it
is almost certain that DACA + and DAPA program will not be implemented.
Make the Road New York understands that members may feel anxious, uncertain, or confused about how immigration law
and policy may affect them in the short term and long term. We pledge to keep our community informed of any
developments as we learn them.

For more information, please contact:
Queens: Antonio Alarcon (347) 294-8279; Luba Cortes (347) 892-1102; or Vicente Mayorga (347) 243-9571
Brooklyn: Adilka Pimentel (646) 283-1781 or Yorelis Vidal (917) 474-5482
Staten Island: Luiza Tanuri (347) 383-4414 or Saul Lopez (347) 998-0069
Long Island: Walter Barrientos (929) 271-0089 or Gabriela Andrade (631) 741-9109


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