Yesterday the Trump Administration announced the end of DACA. Within hours, we sent out a newsletter edition about this development, which contained the details and FAQ’s about how and when this program will end.
Across America, there has been an outpouring of opposition to President Trump’s decision. While this blog generally does not engage in political discussion, it is clear that DACA recipients are being set up as political pawns. In canceling DACA, the Administration cited concerns about future litigation over DACA, and Attorney General Sessions even forwarded an opinion that DACA was “unconstitutional.” This opinion lacks a legal basis and is false, as the Executive Branch has authority to create rules around the discretionary enforcement of existing deportation laws. DACA is a discretionary deferral of deportation, and discretionary deferrals happen on a daily basis in thousands of cases where deportation seems inhumane and heartless.
It is hoped that Congress will pass legislation to legalize DACA recipients and DREAMers. But if legislation does not pass, there are possible solutions for DACA recipients.
What you can do now
Contact your Congressional members and urge them to act. This link makes it easy to find and contact them. Tell them that you want DACA/DREAMer kids to be protected. Share this link with family and friends and ask them to do the same. Congress members need to hear how many people care about this issue.
Marry your U.S. citizen/lawful permanent resident sweetheart. Many people resist the thought of getting their green card through marriage, because they don’t want their new spouse to feel “used” for immigration purposes. But if you are in love and want to stay together, then that is why the laws exist: to keep families together. DACA recipients and DREAMers could possibly qualify for the “I-601A Waiver” process. Read more about the marriage green card process in our past newsletter.
Do you qualify for SIJS due to separation from your parent(s)? Special Immigrant Juvenile Status (SIJS) can lead to a green card. It is for children (under the age of 21) in the U.S. who are separated from one or more parents for certain reasons. Read more information on the government website.
Do you fear being persecuted in your home country if you are forced to leave the U.S.? You may qualify for asylum and related relief to protect you. However, the qualification process can be rigorous and this should only be used for very strong cases, or in the worst-case scenario as a defense to deportation. Read more information on the government website.
Will your employer sponsor you for a green card? This option is limited but under the right circumstances, some DACA recipients could qualify. It would require a past lawful entry into the U.S., either with a visa, Advance Parole, TPS or possibly some other status. Or you may have “245(i)” to help qualify you. There are other requirements and the law can vary between jurisdictions, so you should consult with an attorney to examine your individual situation.
Stay updated with reliable information. Hill & Piibe will continue to reach out via Facebook, our newsletter and blog, and our website. You can also access reliable updates at the American Immigration Council, a nonprofit group created by the American Immigration Lawyers Association.
All cases are different, and you can schedule a free appointment with our office to discuss your initial eligibility for any of the above, or to brainstorm about other possible solutions.
© 2020 Hill & Piibe, Immigration Attorneys