LOUISVILLE, Kentucky. According to Politico, ten conservative states are threatening to sue the Trump administration to stop the DACA program. Trump also faces an early September deadline to make a decision on DACA. Should the Trump administration or the conservative states sue to stop DACA, several legal experts believe they could win.

The Deferred Action for Childhood Arrivals program, or DACA, gave work authorization to approximately 700,000 undocumented minors who were brought into the country as children. Supporters of these children, also known as Dreamers, believe that it would be cruel to send these children back to countries they have never visited. For many of these children, America is the only home they have even known. Critics of DACA claim that the Obama administration overreached and that DACA would encourage others to cross the border illegally.

According to the New York Times, the DACA program is essential to protecting young immigrants who have strong ties to their communities. For many young people, DACA means being able to work, being able to go to school, and being able to support themselves and their families. Many believe that DACA should only a be a first step for providing these youths a path to legal citizenship.

Trump may be able to protect the program. According to the former Secretary of Homeland Security, the executive branch has the right to determine who should be a removal priority. States that support DACA may also be able to come to the defense of the program should it go to court.

While the status of Dreamers remains uncertain, they remain among the group of immigrants who enjoy the most sympathy from the general population and even from some Republican senators. The New York Times reports that over 100 law professors and immigration attorneys plan to send an open letter to Donald Trump asking that he preserve DACA.

Individuals who are considering applying for DACA should consult with a qualified DACA lawyer in Louisville, Kentucky like the O’Brien Law Group. Our firm works closely with immigrants and we can review your case to help you understand the best course forward. Because DACA’s future remains uncertain, it isn’t clear what U.S. Citizenship and Immigration Services would do with the information individuals provided should the program be discontinued.

At the end of the day, submitting any information to immigration authorities if you are not legally authorized to be in the country is a risk. However, some individuals, for example, those who could be a priority for removal, could be taking a risk that could result in their removal, while those who are a low priority may not face action, even were DACA to be challenged in court. The Trump administration has also broadened its enforcement priority categories, so if you are considering applying for DACA, you may want to check with your immigration lawyer to ensure that you don’t fall under these new broadened categories. There are definite benefits to having DACA, including the possibility of protection even if the program should be terminated. It isn’t clear if people who already have work authorization would lose it if the program is discontinued.

Much remains uncertain. However, there are ways you can protect your status. If you have questions about DACA, visit http://robrienlaw.com/ to learn more.



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