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 didnB次元官网网址檛 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.
B次元官网网址淎ll of the sudden, all these possibilities opened up,B次元官网网址 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.
B次元官网网址淚 have to take his (TrumpB次元官网网址檚) words very seriously, that when they say B次元官网网址榤ass deportation,B次元官网网址 it also includes people like me,B次元官网网址 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 hasnB次元官网网址檛 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 driverB次元官网网址檚 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 B次元官网网址減oisoning the bloodB次元官网网址 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, B次元官网网址渁s long as the three of you are here and youB次元官网网址檙e OK, then thatB次元官网网址檚 what we want.B次元官网网址
B次元官网网址淭hat was a very real conversation we had,B次元官网网址 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 didnB次元官网网址檛 rule on the programB次元官网网址檚 legality.
But DACAB次元官网网址檚 fate wonB次元官网网址檛 be immediately left up to Trump, if at all.
A three-judge panel on the 5th U.S. Circuit Court of Appeals B次元官网网址 regarded as the countryB次元官网网址檚 B次元官网网址 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 doesnB次元官网网址檛 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 doesnB次元官网网址檛 anticipate Trump immediately trying to end DACA but didnB次元官网网址檛 rule out the possibility.
B次元官网网址淚 donB次元官网网址檛 know that they could actually terminate the program any faster than the current ligation is going,B次元官网网址 he said. B次元官网网址淭hey could still do it, but theyB次元官网网址檝e got an awful lot of immigration policy matters on their plate.B次元官网网址
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 TrumpB次元官网网址檚 first term, and itB次元官网网址檚 been preparing for this moment for years, B次元官网网址渂uilding a nimble and responsive infrastructure so that we will make shifts as threats emerge.B次元官网网址
She said theyB次元官网网址檙e calling on Americans to offer immigrants sanctuary, preparing to ensure peopleB次元官网网址檚 physical and psychological safety in case of mass deportations, planning demonstrations and asking for help from the current administration.
B次元官网网址淲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,B次元官网网址 Martinez Rosas said at a recent press briefing. B次元官网网址淲eB次元官网网址檙e expecting for them to do that now more than ever.B次元官网网址