By Chris M. Ingram, LL.M., ESQ
There are over a million young undocumented aliens who came to the US as children and over their entire life have not been able to acquire legal status. President Obama after Congress failed to pass any legislation to help this class of undocumented aliens, known as ‘Dreamers’ passed what is called a Presidential Executive Orders, to protect them from deportation. The Deferred Action for Childhood Arrivals (DACA) Executive Order was signed by President Obama.
Here the rules: –
- You were under 31 years old as of June 15, 2012;
- You first came to the United States before your 16th birthday;
- You have lived continuously in the United States from June 15, 2007 until the present;
- You were physically present in the United States on June 15, 2012 and at the time you apply;
- You came to the United States without documents before June 15, 2012, or your lawful status expired as of June 15, 2012;
- You are currently studying, or you graduated from high school or earned a certificate of completion of high school or GED, or have been honorably discharged from the Coast Guard or military (technical and trade school completion also qualifies); and
- You have NOT been convicted of a felony, certain significant misdemeanors (including a single DUI), or three or more misdemeanors of any kind. Consult with an attorney about ANY contact you have had with law enforcement or immigration authorities.
Here’s the bad news – President Elect trump has vowed and made it his election platform pledge to reverse every Executive Order that President Obama has signed including those protecting undocumented aliens such as Dreamers. Without the protection of DACA all one million plus Dreamers would become subject to deportation and lose their work permit and travel privileges in process in the interim.
There are a few members of Congress on both sides looking to try and do something to protect the Dreamers, but clearly the majority, mood and momentum is not with them. Short of a miracle, most likely, the Dreamers will be the first casualties of this new Administration.
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