How Will DACA Change Now That Donald Trump Has Been Elected?

Now that Trump has been elected as the 47th President of the United States, questions about the future of immigration policies are once again at the forefront of national debate. One major point of concern is how the Deferred Action for Childhood Arrivals (DACA) program may be affected after Donald Trump takes office in 2025. DACA has been a lifeline for many immigrants brought to the U.S. as children, providing temporary protection from deportation and access to work permits. However, its future is uncertain, particularly based under previous Trump administration policies.

What Is DACA?

To understand how DACA will change now Trump is president again, it’s important to first grasp what the program is and why it matters to so many families. DACA was established by executive order in 2012 under President Obama. It provides temporary protection from deportation for certain undocumented immigrants who were brought to the U.S. as children. These individuals, often referred to as “Dreamers,” can apply for a two-year renewable period of deferred action, which includes eligibility for work permits, social security numbers, and, in some states, driver’s licenses.

DACA recipients must meet specific criteria to qualify for the program, including:

• You were under 31 years old on June 15, 2012 (born on or after June 16, 1981).
• You came to the United States before your 16th birthday.
• You have lived in the United States continuously since June 15, 2007, until the time you apply for DACA.
• You were physically present in the U.S. on June 15, 2012, and when you applied for DACA with USCIS.
• You had no legal immigration status on June 15, 2012, and when you applied for DACA:
  • You never had lawful status before June 15, 2012.
  • Any lawful status you had before June 15, 2012, expired on or before that date.
• You are currently in school, have graduated or earned a high school completion certificate, have a GED, or are an honorably discharged veteran of the United States Armed Forces or Coast Guard.
• You have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and you don’t pose a threat to national security or public safety.

While DACA has provided protection for more than 600,000 individuals, allowing them to build lives, pursue education, and contribute to the economy, the program has faced numerous legal and political challenges since its inception.

Donald Trump’s Past Stance on DACA

In 2017, Trump attempted to rescind DACA, arguing that it was unconstitutional and that Congress should legislate a more permanent solution. This move led to years of court battles, with lower courts blocking his efforts to end the program and the Supreme Court ruling in 2020 that his administration’s attempt to terminate DACA was unlawful. However, the ruling did not settle the issue completely, and DACA has remained vulnerable to legal challenges.

Given Trump’s past actions, many are concerned he may once again seek to end or significantly alter DACA. But what could those changes look like?

Potential Changes to DACA Under Trump in 2025

Here’s a breakdown of what could happen and how DACA will change in 2025:

1. Complete Termination of the Program

One of the most straightforward actions Trump could take is to once again attempt to terminate DACA entirely. If the program were to end, current recipients would no longer be able to renew their DACA status, and new applications would likely be put on pause. This would put Dreamers at risk of deportation and strip them of their ability to legally work in the United States. How DACA will change could involve a total loss of the protections Dreamers rely on.

2. Restrictions on Renewals

Another possibility is that Trump’s administration could allow current DACA recipients to keep their status temporarily but pause all new applications and restrict renewals. This approach could be seen as a compromise, but it might still leave Dreamers vulnerable, as renewals could come with more stringent requirements, such as increased background checks or shorter work permit periods. How DACA will change in this scenario would likely create ongoing uncertainty for recipients.

3. Legislative Push for Immigration Reform

While less likely, there is a chance that Trump could push for comprehensive immigration reform, including a resolution for Dreamers. However, previous efforts to pass immigration reform have failed. When considering how DACA will change, this route may involve trade-offs like increased border security or restrictions on family-based immigration. Even if a solution were pursued, it might not provide the same benefits that DACA currently offers.

4. Changes to Work Authorization

Another potential change under the Trump administration could involve restricting work authorization for DACA recipients. Currently, DACA recipients are eligible for a two-year work permit, which allows them to legally work in the U.S. However, Trump’s administration could push to limit these permits, reducing the types of employment DACA recipients are eligible for or shortening the renewal period. How DACA will change could greatly affect the economic stability of Dreamers, forcing them to find alternative means of support or leaving them vulnerable to exploitation.

While these potential changes highlight how DACA will change with Trump as president, it’s important to remember that these are all possibilities, not certainties. There is no way to know for sure what specific policies will be implemented or how they will affect current and future DACA recipients. This uncertainty is why it’s crucial to be prepared.

What Can DACA Recipients Do Now?

With concerns about how DACA will change under Trump, it is more important than ever for Dreamers to take proactive steps. Here are a few steps current and prospective recipients can take to protect themselves:

• Renew DACA Status as Soon as Possible: If you are eligible for renewal, it is recommended that you submit your application as early as possible to ensure continued protection.
• Stay Informed About Legal Changes: Immigration laws and policies can change quickly, especially during an election year. Stay informed about any developments regarding how DACA will change under Trump as president.
• Consult with an Immigration Attorney: Navigating the complexities of immigration law can be challenging. Consulting with an experienced immigration attorney, like those at Davis & Associates, can help you understand your rights, explore alternative forms of relief, and develop a plan in case DACA is changed or terminated.
• Explore Other Forms of Relief: Depending on your situation, you may be eligible for other forms of immigration relief, such as family-based petitions, U visas for crime victims, or asylum. An immigration attorney can help you explore all of your options.

Preparing for an Uncertain Future in Texas

With Trump as the elected President for 2025-2028, many are left wondering how DACA will change and affect immigrants. While no one can predict exactly what will happen, it’s clear that significant changes could be on the horizon—whether through the termination of the program, restrictions on renewals, or broader immigration reforms. Now is the time for DACA recipients to stay informed and take proactive steps to protect their futures.

At Davis & Associates, our experienced team of attorneys in Dallas and Houston is here to guide you through this uncertainty. Whether you need assistance with DACA renewals, exploring alternative relief, or understanding your rights in the face of potential policy changes, we are ready to help. If you’re concerned about how to handle changes within DACA, don’t wait until it’s too late—contact Davis & Associates today for a consultation, and let us help you prepare for whatever the future may hold.