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What does Donald Trump’s Election mean for DACA and DAPA?

Q: Can a President Trump end DACA? A: Since DACA is not a law passed by Congress, and derives from an executive order dated 6/15/2012 from President Obama, a President Trump has broad legal authority to take action to end DACA almost immediately upon his swearing in as President.

Q: What will happen to DACA when Donald Trump takes office as president on January 20, 2017?

A: President Elect Donald Trump issued a statement on November 9, 2016, in which he said he intends to “cancel every unconstitutional executive action, memorandum and order issued by President Obama” starting on his first day in office. Margaret W. Wong & Associates believes that even though there is a real possibility that Donald Trump as President may take steps to end DACA as soon as his swearing in on January 20, 2017, we should continue to apply for this work permit for those kids who qualify and for those who need an extension to continue to do so.

Q: What about my DACA work permit?

A: If DACA ends and USCIS stops adjudicating applications, they will no longer issue work permits. We don’t know what might happen to existing DACA work permits. It is possible that these permits would be revoked which would mean losing the legal right to work in the United States, or it is possible that they will be valid until their expiration date. President-elect Trump has not clarified his intentions regarding existing DACA work permits.

Q: I think I qualify for DACA, but I don’t know if I should apply now. What should I do?

A: The decision whether to apply is ultimately yours to make. If you wish to apply, Margaret W. Wong & Associates recommends filing new applications for DACA soon, with the advice of counsel. Be aware that applying requires you give personal information to the government. Historically in the field of immigration law practice, there was never an instance where a legally authorized benefit of a work permit was revoked under existing laws or executive action (except the three year DACA once approved mistakenly). Once the DACA work permit is approved, foreign borns are allowed a Social Security Number and a State-issued driver’s license to allow them to drive with insurance and to report their taxes. This authorized work permit also allows you to feel better about reporting crimes and abuse when you are a victim.

Q: I have DACA and I want to renew it. What should I do?

A: Your information is already with the US Citizenship and Immigration Services. Our advice is to file the extension as soon as possible before the fee increase that will take place on 12/23/2016. Or four months prior to the expiration of this work permit. Once you have the Social Security Number, this number stays with you forever, and you can get your retirement benefits back if you use your own real and legally government authorized Social Security Number.

Q: Can I still apply for Advance Parole as a DACA recipient?

A: Yes. Margaret W. Wong & Associates recommends that all DACA recipients apply for Advance Parole to travel. Anyone with any kind of criminal or immigration detention/court history must consult with an immigration attorney before applying for Advance Parole. It is critical that anyone who has traveled on Advance Parole consult with an immigration attorney about possible routes to immigration relief. Immigration law favors a legal entry if and when any new laws are enacted. Legal entry is better than one without an I-94, or documents to showing “inspection,” “parole,” or “admission.”

Q: What will happen to DACA+ and DAPA, President Obama’s proposed programs for undocumented parents?

A: The implementation of these orders remains on hold because of a court order in Texas. If the DACA program ends, it is almost certain that DACA + and DAPA program will not be implemented.

If you would like to speak with one of our attorneys, please contact us at 216-566-9908. We have attorneys and staff located in Cleveland, New York City, Atlanta, Chicago, Raleigh, Minneapolis, Nashville, Columbus, and Los Angeles.