Are DREAMers at Risk?

What will happen to the more than 75,000 DREAMers currently protected under Obama’s Deferred Action for Childhood Arrivals (DACA) program? This question has been at the forefront of our minds since President Trump took office. But so far the program remains unchanged.

                                                           Photo Courtesy of Outloud Media, Jeff Toppings, Reuters

News stories have flooded our screens with the arrests of current DACA holders, but these individuals have either committed crimes or ICE has found grounds for termination of their DACA status. Take the DREAMer that was taken by ICE in Portland, Oregon. Last December, he was arrested for DUI. The DACA program clearly states that an individual is not eligible if they have been convicted of driving under the influence. Check eligibility guidelines here.

Also consider Ramirez, a DREAMer arrested in Washington and being held without bail in Seattle. ICE agents are claiming that Ramirez admitted to being a gang member. The DACA program states that individuals with gang membership are a threat to public safety and not eligible. Ramirez’s defense attorneys contest the allegation, claiming there is no basis for Ramirez’s detention. The outcome of these cases remains to be seen.

The detention of DREAMers raises concerns over whether ICE is targeting these individuals despite their deferred action status. Yet U.S. Citizenship and Immigration Services (USCIS) continues to accept and approve DACA applications.

If you have questions about your eligibility for DACA, speak with an experienced immigration attorney.

Lauren Wallis is an immigration attorney at Brewer & Lormand, PLLC. She works out of the firm’s Dallas office and defends individuals against deportation before the Immigration Court in Dallas, Texas. She also handles SIJS, VAWA, U Visas, Military PIP, Applications for Residency, Citizenship, Adjustments of Status, Consular Processing, DACA, TPS, and Asylum.

This article is intended for educational purposes only. Nothing in this article is intended to be construed as legal advice and should be relied on as such.

U.S. Supreme Court to rule on Obama's Executive Action

The U.S. Supreme Court has granted certiorari in Texas et al. v. U.S. et al. to review whether President Obama can proceed with his executive action to defer deportation and grant work authorization to the nearly 11 million individuals living in the United States without lawful status.

At the heart of the issue is the constitutionality of the programs released by the Obama administration in November of 2014, called DAPA and expanded DACA, that would bring millions of unlawful immigrants out of the shadows.

DAPA is intended to cover the parents of U.S. citizens and lawful permanent residents. DACA 2.0, as it has been called, applies to certain individuals who came to the U.S. under the age of sixteen and are seeking or have obtained an education.

The Supreme Court is set to hear oral arguments this April and a decision is likely to be made by June. Twenty six states filed suit to stop DAPA and the expanded DACA from being implemented in December of 2014. The U.S. District Court for the Southern District of Texas issued a preliminary injunction in February 2015, and the U.S. Court of Appeals for the Fifth Circuit affirmed the injunction on November 9. 2015. The Obama administration petitioned the Supreme Court for immediate review of the Fifth Circuit's decision on November 20. 2015.

Read more about what the Fifth Circuit has done to halt the executive action here.

Photo attributable to: jurispage.com

                                         




Lauren Wallis is an immigration attorney at Brewer & Lormand, PLLC. Email her your immigration questions here.