On January 20, 2025, former President Trump will again serve as President of the United States. The last time he served as president, he attempted to terminate DACA. The U.S. Supreme court permitted DACA to remain because the manner President Trump tried to terminate the program in 2017 was flawed. In its decision, the U.S. Supreme court detailed a process through which the President of the United States could terminate DACA lawfully. When he resumes office, he can utilize the method indicated and terminate that program. In addition, the Firth Circuit Court of Appeals is hearing an appeal of a lower federal court's ruling finding DACA an illegal program. As president, Trump can dismiss the appeal which would result in the termination of this program which has protected an estimate 600,000 DACA recipients.
What can you do to prepare?
1) Look for other options to gain legal status.
-Travel on DACA Advance Parole
-Family based options – petitions through spouse, parent, sibling
-Work visa options – petitions through an employer
-Student visa – applying for further education and changing status to that of a student
-Cancellation of Removal – If applicants are placed in removal proceedings, there may be an option for seeking cancellation of removal through immigration court
-Crime-based visa - this is a type of visa that is only eligible for people who have been victim of a crime and cooperated with law enforcement.
2) Know your rights:
If ICE knocks on the door of your home
-You do not have to open the door unless they have a valid search warrant signed by a judge. An ICE deportation warrant is not a search warrant, and they cannot legally enter your home with that unless you verbally agree.
-You have the right to remain silent. If you decide to do this, say you are remaining silent.
-You have a right to speak to an attorney. You also have a right to contact your consulate. You can refuse to sign anything until you speak with an attorney.
If ICE stops you in public
-You have the right to remain silent. If you decide to do this, say you are remaining silent.
-You may refuse a search. An officer may “pat down” your clothes if he/she suspects you have a weapon.
-You have a right to speak to an attorney. You also have a right to contact your consulate. You can refuse to sign anything until you speak with an attorney.
If ICE comes to your workplace
-You can calmly leave the workplace (do not run).
-You have the right to remain silent. If you decide to do this, say you are remaining silent.
-You may refuse a search. An officer may “pat down” your clothes if he/she suspects you have a weapon.
-You have a right to speak to an attorney. You also have a right to contact your consulate. You can refuse to sign anything until you speak with an attorney.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment