Reyna Montoya’s story began when she made the bold decision at the age of 10, along with her family, to illegally escape from the horrors of violence in Tijuana and enter the United States via Arizona. Her time in the land of opportunities was always lived in the shadow of a looming fear that even a minor mishap, such as a traffic violation, could land her in a situation threatening her presence in the U.S. This constant uncertainty over her immigration status loomed over her until 2012 when she was handed a lifeline – a letter confirming her acceptance into a special program for immigrants who made the illegal journey to the U.S. as children.
This program, known as Deferred Action for Childhood Arrivals (DACA), was established during Obama’s tenure and, for the first time, it gave Montoya and countless others like her, a sense of security in the form of a two-year permit, renewably offered, to work and live in the U.S. legally. However, the joy was short-lived as the winds of change swept the presidency from Obama to Trump, creating another set of uncertainties for Montoya and her ilk.
Despite Trump’s unsuccessful attempt to terminate DACA during his first term, his expected return sparked fear among the nearly 535,000 beneficiaries, worried about their uncertain future. The possibility of DACA being deemed illegal hangs in the balance, which leaves Montoya and others dependent on its protection from deportation, in a precarious situation.
Montoya, who has now established herself as a figure for immigrant advocacy through her Arizona-based organization, Aliento, expressed her concerns, ‘When Trump’s administration talks about ‘mass deportation,’ I can’t help but feel that people like me are included in their plans.’ Clearly, the sense of uncertainty and fear continues to plague the lives of DACA beneficiaries like her.
The program has faced its fair share of controversy, with current DACA recipients having navigated through a series of legal storms and threats. The program no longer accepts new applicants since 2021, as a federal judge declared it illegal and halted any new processing, although current recipients have been allowed to renew their permits. It was under the Biden administration that an appeal was made against this ruling, a case that is currently under review. While Biden’s team would like us to believe this is a necessary move, others might view it as an attempt to protect an unlawful program.
For recipients like Montoya, DACA was more than just legality – it represented access to work, healthcare, and even acquiring a driving license. Now, there is a sense of urgency among many recipients to get their permits renewed, fearing the worst under the forthcoming presidency.
One DACA beneficiary, Phoenix native Pedro Gonzalez-Aboyte, shared how the skepticism and apprehension have affected his family. He divulged conversations with his Mexican immigrant parents and his siblings, who were born in the U.S, discussing possible separation due to changes in immigration policy. A heartrending glimpse into the stark realities faced by many families.
What impact Trump might have on DACA remains an enigma. Trump has signalled a reduction in other programs that provide temporary protection for immigrants. His first attempt to rescind DACA ended up being ruled as improper by the U.S. Supreme Court in 2020, a decision that did not touch upon the program’s legality.
However, the final decision may not be in Trump’s hands. In October, a three-judge panel from the 5th U.S. Circuit Court of Appeals heard arguments discussing DACA’s legality. Initiated in 2018 by Texas and other Republican-led states, the focus is now on a rule introduced by the Biden administration in a questionable effort to maintain and intensify DACA.
On one side, attorneys representing DACA opponents maintain that immigrants in the country illegally pose a financial burden on the states. On the contrary, the Biden administration and its allies argue that Texas fails to demonstrate the costs claimed are directly related to the policy and thus lacks standing. The panel is under no obligation to issue a ruling by a set deadline.
Whatever the panel’s ruling, it is likely to face an appeal. The possibility of the case being elevated to the U.S. Supreme Court seems to be the most probable outcome. If higher authorities affirm DACA’s illegality, it could put DACA in hot water again.
One such hopeful is Greisa Martinez Rosas, a DACA recipient and the managing director of United We Dream, a youth-centered advocacy network for immigrants. She stated, somewhat naively, that the immigrant rights movement has developed significantly since Trump’s first term and claimed that they have prepared for scenarios like this for years, ‘building an agile and responsive infrastructure so we can adapt to any emerging threats.’
Rosas calls on Americans to offer sanctuary to immigrants, gearing up to safeguard individuals from mass deportations and soliciting help from the current administration. One might wonder, however, whether such calls are in line with the law of the land or foster an environment that encourages lawful conduct.