by Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar, Clinical Professor of Law and Director of the Center for Immigrants' Rights at Penn State Law
In the wake of the election, immigration has been a centerpiece. Immigration attorneys and advocates have worked around the clock speaking to clients about how best to proceed in their cases and to the immigrant community and beyond about the rule of law. The fear and uncertainty sweeping immigrant communities are propelled by an anti-immigrant agenda by President-elect Donald Trump and his transition team. Specifically, proposals to end the Deferred Action for Childhood Arrivals (DACA) program; deport two to three million “criminal aliens”; and subject certain individuals to a “Muslim registry” have caused immediate and specific concern and also confusion between rhetoric and reality.
DACA is a program implemented by President Obama in 2012 that enables noncitizens without status to apply for a form of prosecutorial discretion called “deferred action” if they entered the United States before the age of 16, are currently in school, have resided continuously since June 15, 2007 and meet other program requirements. Since the program started, more than 700,000 people have received DACA and employment authorization pursuant to their deferred action status- thousands more have had their DACA status “renewed”. Whether the President-elect will revoke DACA and work permits from DACA holders remains to be seen, but the concerns are real and have furthermore heightened the risks for prospective applicants and applications for renewal which may be pending through inauguration day. Current and would-be recipients of DACA represent the lowest priorities and should not be targeted by any Administration.