PHOENIX (AP) — Reyna Montoya was just 10 years old when she and her family fled violence in Tijuana and crossed into the U.S. illegally. Growing up in Arizona, she lived in constant fear that even a small traffic violation could lead to her deportation.
That all changed in 2012, when Montoya received a letter confirming her acceptance into the Deferred Action for Childhood Arrivals (DACA) program. “All of a sudden, all these possibilities opened up,” Montoya said, holding back tears. The Obama-era program granted her and hundreds of thousands of others the legal right to live and work in the U.S. with renewable, two-year permits.
Now, as President-elect Donald Trump prepares to return to the White House, the 535,000 current DACA recipients are bracing for more uncertainty. Trump has long criticized the program, and a years-long legal battle could soon determine whether it remains in effect. For Montoya and others, that could mean losing the legal protections that have kept them safe from deportation.
“I have to take his words very seriously,” Montoya said, referring to Trump’s past threats of “mass deportation.” “It also includes people like me.”
Montoya runs Aliento, an Arizona-based advocacy group for immigrant rights. She and others like her are preparing for the worst as Trump’s return raises fears of an immigration crackdown.
The uncertainty surrounding DACA is nothing new for recipients. Since many of them were children when they came to the U.S., they have witnessed numerous legal challenges to the program.
DACA, which has not accepted new applicants since 2021, was declared illegal by a federal judge that year. Although new applications are on hold, current recipients can still renew their permits while the Biden administration appeals the ruling.
For those with DACA protection, the program has brought life-changing benefits, including the right to work legally, access to health care, and the ability to obtain a driver’s license. Montoya, for example, said DACA was the first time she felt she could live without fear of deportation.
However, the re-election of Trump, who has frequently blamed immigrants for crime and called them a threat to American society, has only deepened fears that DACA could be rescinded. Many recipients are rushing to renew their permits, with some seeking help from legal aid organizations like the Coalition for Humane Immigrant Rights.
Pedro Gonzalez-Aboyte, a DACA recipient from Phoenix, said he and his immigrant parents recently discussed the possibility of being separated. Gonzalez-Aboyte recalled his parents telling him, “As long as the three of you are here and you’re OK, then that’s what we want.”
Trump’s return to power raises new questions about DACA’s future. While it is unclear how the incoming administration will act, Trump has signaled that he intends to reduce temporary protections for immigrants and has surrounded himself with staunch immigration hardliners.
During his first term, Trump attempted to end DACA, but the U.S. Supreme Court blocked his efforts in 2020, ruling that the administration’s decision was flawed. However, the Court did not address the program’s legality.
The fate of DACA now rests in the hands of a conservative-leaning panel of the 5th U.S. Circuit Court of Appeals, which heard arguments in October about the program’s legality. The case, filed in 2018 by Texas and other Republican-led states, now revolves around a Biden administration rule aimed at preserving DACA.
Opponents of DACA argue that immigrants without legal status impose a financial burden on states, while the Biden administration maintains that Texas has failed to show how the costs can be linked directly to DACA.
The 5th Circuit panel has not yet issued a ruling, and its decision is expected to be appealed, possibly reaching the U.S. Supreme Court. Experts like Stephen Yale-Loehr, a professor of immigration law at Cornell University, believe the panel is likely to rule against DACA, which could send the case to the Supreme Court.
Yale-Loehr added that while the Biden administration is limited in its ability to act, it could expedite permit renewals to provide as much protection as possible.
Greisa Martinez Rosas, a DACA recipient and executive director of United We Dream, a national immigrant advocacy network, said the immigrant rights movement has been preparing for this moment for years. “We’re building a nimble and responsive infrastructure so that we will make shifts as threats emerge,” Martinez Rosas said.
Her group is calling on Americans to offer sanctuary to immigrants, planning protests, and urging the Biden administration to use every tool at its disposal to protect DACA recipients. “We’re expecting them to do that now more than ever,” she said.
As the fate of DACA hangs in the balance, recipients like Montoya remain in a state of uncertainty, unsure what the future holds under a new Trump administration.
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