What DACA and non-DACA recipients can do in anticipation of the Trump administration

Earlier this month,  President-elect Donald Trump said he wants to work with Democrats on a plan for Deferred Action for Childhood Arrivals (DACA) recipients, also known as Dreamers. 

“I will work with the Democrats on a plan,” Trump told NBC’s Kristen Welker on Sunday, December 8. “The Dreamers, we’re talking about many years ago, were brought into this country, many years ago. Some of them are no longer young people and, in many cases, they become successful.” 

When he was asked if he wanted Dreamers to be able to stay in the country, he said, “I do.” 

Later in the interview, he blamed the previous administration for not doing anything for the almost 600,000 Dreamers in the country today. 

Despite the expressed amnesty towards Dreamers, his proposed immigration policies still include ending birthright citizenship and deporting millions of undocumented immigrants, even those with United States-born children.

For Denea Joseph, national entrepreneurship manager at Immigrants Rising, a California-based immigrant rights organization, the Trump administration's promises to spare DACA recipients for immigration should be taken with a “grain of salt,” as she described,  and not lose sight of protecting and asking for the same amnesty for the entire immigrant community. 

“ While it may be optimistic for a lot of people, I think it’s important to rather focus on our [entire] immigrant community, which means 11.5 million undocumented people currently living in people in this country,” she told CALÒ News. “I think we do ourselves a disservice by not advocating for the collective when it comes time for mobilization efforts. We must be mindful of potential divide-and-conquer tactics that are being taken in order to get us to prioritize one community over, in this case, DACA recipients over others with no type of protection.”

Joseph said the narrative that often separates one group of immigrant communities as being more deserving of the opportunity to remain in this country and other communities as not being educated enough can be harmful.

 “As a community, when it comes time for status, when it comes time for undocumented-ness, we must remember that the original dreamers really are our parents, grandparents, aunts and uncles, who paved the way for us to be where we are right now as a collective and as a community,” she said. “All of the temporary protections that we now have wouldn't have been possible if not for their fight, if not for their advocacy and their boldness and wanting to give their families a better life and access to greater opportunities.”

DACA, which was initially introduced by former President Barack Obama in 2012, aimed to protect Dreamers by allowing them to live and work in the U.S. without fear of deportation, but it did not grant them a path to citizenship.

In September 2017, the Trump administration ordered to “execute a wind-down of the program,” as stated in the Memorandum on Rescission Of Deferred Action For Childhood Arrivals, which led the Department of Homeland Security (DHS) to stop accepting new applications; no first-time DACA applicants were permitted. Since then, DACA has been in constant flux.

Last September, a federal judge in the Southern District of Texas ruled DACA unlawful. Today, per the judge’s order, first-time DACA applications continue to be blocked and cannot be processed, denying millions of immigrants from legally working in this country. 

Joseph sat down with CALÒ News to talk about what DACA and non-DACA recipients can do over the following months and in anticipation of  of the new administration. 

Below are some of her and Immigrants Rising's recommendations for DACA recipients and non-DACA immigrants.  

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1. Continue renewing your DACA 

One of the foremost recommendations is for DACA recipients to renew their DACA as soon as possible, especially if their permit expires within the next six months. 

“ It's recommended that you submit as soon as possible to prevent any potential delay,” she said. “United We Dream has a list of organizations that offer assistance with DACA renewal applications.” 

As of April 12, 2022, the U.S. Citizenship and Immigration Services (USCIS) announced that DACA renewals can now be filed online and have a cost of $495, a fee that could be paid with either a credit card, debit card or prepaid card.  

2. Explore options beyond DACA 

According to Joseph, one thing that Immigrants Rising continues to advocate is for DACA and non-DACA recipients to complete an immigration screening with an immigration lawyer. These screenings can help you determine if you qualify for other immigration remedy options aside from DACA, some of which may provide a permanent resident status in the U.S. 

“We always urge people to do an immigration screening because you're able to find out whether or not it's a possibility for you to adjust your status. We encourage you to actually do a screening annually because we know immigration policies change constantly,” she said. 

Other immigration remedy options can include receiving an employment-based visa. 

PERM, which stands for Program Electronic Review Management, and is also known as “Labor Certification,” is the first step of the most common green card category used by employers to sponsor an employee for permanent residence in the United States. 

The Department of Labor oversees this process, which includes “testing the labor market” to show that there are no U.S. workers who are able, willing, qualified or available to fill the role.

“That's an option that you would be able to seek out from your employer if you qualify. However, it's a very technical process, therefore we do ask that you see an attorney and get that legal advice specific to your case,” Joseph said.

Other long-term options for adjusting someone's status can also include adjustment through marriage, U-Visa, asylum, and many additional remedies.

3. Know your rights 

“ We urge people to know their rights right because understanding your rights as an undocumented person is important,” Joseph said. “Know your rights, whether you're participating in demonstrations on immigration or understand your rights as an undocumented or non-citizen, it’s necessary.” 

You can visit the Immigrants Rising Travel Guide for safety tips when traveling by air or ground transportation. 

Joseph also referred to the American Civil Liberties Union Know Your Rights guide to know your guaranteed rights under the Constitution, regardless of your immigration status.

Some of these rights include that if stopped by police or ICE, there are ways to reduce risk to yourself such as staying calm and not resisting or obstructing the agents or officers, not lying or giving false documents. 

Undocumented immigrants also have the right to remain silent if stopped by ICE or police. You also do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon.

4. Travel with advance parole

For DACA recipients traveling abroad and returning to the U.S., it is permitted with something called Advance Parole. 

Traveling with Advance Parole grants temporary permission to reenter after traveling to their home country or any other country for various reasons such as studying abroad, reuniting with family, getting medical attention or working. Advance Parole is granted through an application process.

Although DACA recipients can apply for it at any time, Joseph and the Immigrants Rising, along with many other organizations, are recommending Dreamers to take advantage of Advance Parole before the new administration takes office. 

“We recommended [Dreamers] to plan so they can be back in the country at the point in which the new administration comes. It’s a safety precaution,” Joseph said. “Given that we know that DACA today isn't codified into law, the new administration doesn't have to go through the traditional ways and means of navigating through Congress to get it unauthorized if they wanted to. So just to be safe, it's best to be back in the U.S. at the point of inauguration.”

5. Seek out alternative pathways to employment 

Joseph said that while undocumented immigrants face significant barriers to pursuing employment in the U.S. due to a lack of work authorization, any immigrant, regardless of legal status, can legally earn a living through business ownership or self-employment through the Immigration Reform and Control Act of 1986. 

“That is one of the areas in which you could start to identify your own business and how you could generate income through entrepreneurship,” she said. “We've seen undocumented people start their own businesses and generate hundreds of thousands if not millions of dollars. It just speaks to the fact that our community can create opportunities for themselves that lead to immediate impact within their own families but, of course, in the overarching communities that they're a part of.”

6. Advocate for immigration reform

Despite DACA being established 12 years ago, millions of immigrants continue to fight today to protect the program and to bring a broader immigration reform that not only includes Dreamers but for parents and families who for years have continued to call the U.S. their home. 

Joseph said today, more than ever, it is crucial to join in advocating for protective and inclusive policies within your city and state, as well as permanent solutions for undocumented immigrants throughout the U.S. 

“ I think the biggest thing that I would like our community to remember is our resilience and our ability to have navigated historical events and injustices directed at our immigrant community,” she said. “Not only have we been able to overcome them, but we've been able to thrive amid chaos.” 

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In cities like Los Angeles, a sanctuary for immigrants is something that has been established to better protect the community, which is expected to be one of the main targets of the new administration. 

 Earlier this month, the Los Angeles City Council voted to establish L.A. as a sanctuary city, an ordinance that will protect immigrants by prohibiting the use of local city resources or personnel to help federal agencies like ICE working on the enforcement of immigration laws.

But for many immigrant rights organizations including Immigrants Rising, the work to protect immigrants does not stop here, 

“We need to remember that when it comes time, for not only this administration but any future administrations as well, whenever we've seen attacks on our community, we have always pushed back. At no point did our community ever sit or stand by as injustices,” Joseph said. “We will continue to fight back.” 

To learn more about Immigrant Rising and to view their entire list of recommendations for the undocumented community click here.