Monday, November 21, 2016

Immigration: DACA Repeal?

    The media and social media alike have been asking the same question: will there be a DACA repeal? DACA or Deferred Action for Childhood Arrivals is a policy developed by the Secretary of Homeland Security Janet Napolitano and enforced by president Obama in 2012. It creates a virtual stop on deportation proceedings against an individual and allows them to obtain a work permit. While DACA status is renewable there is currently no pathway from DACA to resident or citizenship and it may be revoked at anytime. To be eligible for the status the person would have had to been: born on or after January 15, 1981; entered into the U.S. under the the age of 16; continuously resided in the country since 2007; currently in school; no criminal background; and a few others (I can include a link to the USCIS website below).
    The fear is not only coming from those 655,000 people already approved but it is also felt by those who were hopeful to one day apply. ABC news Samantha Marshal and International Business Times's Chris Riotta both have articles where they quote National Immigration Law Center's policy advocate Ignacia Rodriguez as saying, "generally speaking we think its best to hold off on applying for the first time right now." The reason being that because the administrations are changing, there is no certainty which administration will review your petition. People are fearful because Trumps rhetoric has led them to believe their information will be used against them. While administrations in the past have denied the possibility of using this volunteered information for enforcement purposes there is no telling how this may change.
   Only time will tell what will happen to DACA but realistically speaking DACA does not go against anything that Trump has protested. He should have no issues with it and the program should remain the unchanged. In the least it decriminalizes human beings and allows them to pay taxes and at most it represents peoples' hopes and dreams. DACA represents what most of us immigrants are... hard-working Americans.

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 International Busines Times Article:

ABC News Article:

Thursday, November 10, 2016

Making America Great Again: Immigration Reform

    Well the votes are final and our president elect is now Donald Trump. The world right now is looking at America with confusion, surprise, or just shock. Regardless of your political ideology the electoral college made their decision. On his campaign trail, Trump made promises, scary promises. He promised to create a team for mass deportations. He promised to cut off trade deals like NAFTA. He even promised he would build a wall. Now that the campaign is over and Trump has given his speech displaying a sense of commitment to uniting the country, people all over the world are wondering will he also commit to his promises.
   The reason people took the streets in protest, despite our political process being "fair," is because there have been great strides made with regards to social justice. Despite how you feel about our current president, there is no doubt that he has made progress with regards to making America a little more accepting of minorities. In his time as president we have seen the passing of Deferred Action for Childhood Arrivals, and the State Marriage Defense Act. People have a real fear that our future president will do away with such progress.
  Immigrants and minorities in general play a crucial role in this society and country as a whole. This election should not be taken as a sign of being underappreciated but as a call to action and a challenge. It is now the time more than ever to stand up for your rights. If you are facing injustice because of your status do not be fooled, you have rights. If you are hurt at your job, if you are in an accident, if you feel that you have been discriminated against, you still have rights. 
   Obama in his time as president has also made it possible for undocumented persons to receive Temporary Visitors Driver's licenses. This makes it possible for them to insure the vehicles they drive and avoid more serious infractions with law enforcement. If these rights are at risk in anyway the consequences could be catastrophic. I'm not surprised at all that people are taking to the streets in fear because the campaign used fear as a tactic.
  As many news pundits pointed out the sky has not fallen, and the oxygen in our lungs have not yet bursted into flames. Only time will tell what promises Trump will attempt to make reality. Fear is not something that should affect the decisions we make especially not with our families futures. Stay confident in that we live in a Country that still represents freedom and equality for all. 

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Disclaimer: Nothing in this article is meant to be taken as legal advise. It is merely the opinion of the author. Anyone with legal questions should contact an attorney in their respective state and local.