FAQ

The Immigrant Legal Resource Center has created Red Cards that provide information about how to assert your constitutional rights during a raid. Visit ilrc.org/red-cards for details.

No. We do not know at this time what approach the Trump Administration will take toward undocumented families.

Individuals without status who are present in the U.S. have certain legal and constitutional rights. You have a right to a hearing and to have a judge review your case. That process can take years in some cases, and you can remain in the U.S. until a final decision is made. Other constitutional protections prevent certain enforcement tactics, and may present a basis to challenge overly aggressive attempts at immigration enforcement by the federal government.

The new President may cancel DACA if he chooses. At this time, we do not know if Trump will immediately cancel the DACA initiative or when that might happen. Even if DACA is terminated, whether or not your lawful presence and work permit will cease right away depends on the announcement by the President and how it is implemented by the federal government.

Deporting over 700,000 DACA recipients would be very time-consuming and expensive. DACA recipients are also near the bottom of the government’s priority list for deportation. However, Trump’s actions are difficult to predict, so families should take precautions now by discussing other legal options with a qualified immigration lawyer.

There would also certainly be a legal challenge to use of private data submitted under DACA for enforcement activity.

Implementation of these initiatives has been halted by a lawsuit. MALDEF is vigorously defending these programs in court. However, the new President can rescind these initiatives if he chooses, effectively making that court process moot.

For non-DACA applications pending with USCIS, there is no reason to believe that those applications will stop being normally processed according to current laws.

Seek assistance from a reputable immigration lawyer. Avoid notario scams. Visit immigrationlawhelp.org for more information about non-profit legal service organizations by state.

Talk to an immigration lawyer immediately to plan your next steps. You have the right to a hearing before any decision is made about whether you have to depart the country. You also have the right to an appeal.

No. The U.S. Constitution grants citizenship to all people born in the U.S. regardless of their parents’ immigration status. There is not enough support to amend the Constitution to remove birthright citizenship, and any attempt to amend the Constitution would take years and would likely apply only to those born after adoption of an amendment.

No. Under federal law, your personal information should be kept private by doctors and staff.

Yes. Most police officers are only interested in investigating crime and won't be interested in your immigration status. If you are a crime victim, you may be eligible for a visa that would allow you to stay in the U.S. Talk to an immigration lawyer about the facts of your case.

No. There is no reason to delay filing for this relief. It is established in U.S. law and cannot be changed by the President acting alone.

The Immigrant Legal Resource Center has created Red Cards that provide information about how to assert your constitutional rights during a raid. Visit ilrc.org/red-cards for details.

No. Companies that transfer money among relatives from the U.S. to Mexico do not track their clients’ immigration status. Even if companies could distinguish between legal and undocumented immigrants in their clientele, seizing funds based on national origin or immigration status would be unconstitutional and would be immediately challenged in court.

It depends on whether President Trump repeals DACA. If DACA is repealed, you will no longer be able to work with your EAD card even if it has not expired. If DACA is phased out or "sunsetted," you will only be able to work until your Employment Authorization Card expires. That expiration date is listed on the card. If DACA is left untouched, you may continue to work as long as you maintain DACA.

No, unfortunately you cannot. While your social security number is permanently yours and can be used to file income tax returns, the work authorization allowed for on the social security card might be temporary. The social security card received through DACA only allows for work authorization in conjunction with a valid grant of DACA, or some other valid immigration status.

If you are employed with work authoization, you will most likely be unable to keep your job.

Undocumented students are ineligible for Federal financial aid. However, the following California-based programs should not change regardless of what happens with DACA:

• The California DREAM Act: California law that makes qualifying undocumented students eligible for state-based grants and institutional scholarships.
• The California DREAM Loan Program: Establishes state-based educational loans for undocumented students attending California public universities.
• AB540: A California law that allows a qualifying student who would otherwise not be eligible for in-state tuition to pay in-state tuition fees at any UC, CSU, or CA community college.

No, if DACA is repealed or sunsetted, you should NOT file a DACA renewal application in the future. You will risk losing the filing fee and you will be giving updated infomration to the government, which could be used against you. If DACA has not been revoked and you would like to renew, please contact an immigration attorney as soon as you can.

No, you should not apply for an initial DACA application. Applying for DACA provides your contact information, immigration history, and other important information to DHS, which can then use that information to go after you or your family members that reside at your address.

Even though the original DACA program promised that information would not be shared with ICE, we don't know if the new administration will keep that promise.

No, you should not leave or be outside of the country now that the new president has been sworn into office. This is because if President Trump repeals DACA while you are abroad, it is very likely that you will not be permitted to re-enter the United States upon return, with or without Advance Parole. If you want to remain in the United States, you should NOT leave the United States if you are undocumented or DACAmented.

No, you should not apply for advance parole or emergency Advance Parole. If you seek emergency Advance Parole, and if you seek emergency Advance Parole, and if you travel now that the new president has been sworn into office, it is possible that you will not be permitted to re-enter the United States.

No, it is not necessary to withdraw your application if they already cashed your check. Even if your Advance Parole application is approved before your travel date, you should not travel outside the United States.

What will happen to pending DACA Renewals is still uncertain. We will provide more information as soon as we receive it.

It may and you may be required to appear in immigration court and be at risk of being deported. Under the new Executive Order issued on 1/25/2017, President Trump made a priority for enforcement those who have been charged with a crime but not yet convicted. Please see a reputable immigration attorney if you find yourself in that situation.

Yes, you may. Under the Executive Order issued on 1/25/2017, you may be referred to immigration court even if you have not been charged for a crime. Please see an immigration attorney if you find yourself in that situation.

It may affect it postively, but it depends on your specific situation and a variety of other factors. It is very important that your marriage is a "real" or "bona fide" marriage, which means that your marriage cannot be fraudulent. There are many factors that may preclude an applicant from gaining lawful permanent residency through marriage, such as the manner in which the applicant entered the United States and complex laws known as "grounds of inadmissibility."

The U.S. Constitution guarantees rights to all people in the U.S., regardless of citizenship status, which includes the right to be free from unlawful searches and seizures. In practical terms, that means that during a police or immigration officer encounter, you have:

• the right to remain silent;
• the right to refuse consent to a search of your person, your vehicle, or your home without a valid warrant; and
• the right to calmly leave the interaction if you are not under arrest, and the right to ask to speak to an attorney if you are arrested.

You should carry around the Immigrant Legal Resource Center's "red card" to read our rights in case of contact with ICE.

You can help them develop a safety plan, as well as inform them of their rights.

To read more about developing a family preparedness plan, please see:
https://www.ilrc.org/family-preparedness-plan

In the U.S., domestic flight security is governed by the Transportation Safety Administration, which is part of the Department of Homeland Security. There is a risk of travelling on a domestic flight, because you could be asked about your immigration status by security. If you currently have DACA and it has not expired, you should be able to travel within the U.S. via plane or other forms of transportation. If you are travelling by plane, you should make sure that you can provide the Transportation and Security Administration Agents with acceptable identification. If DACA is repealed, you should not use your EAD card, and there may be a greater risk of travelling within the U.S.

If you are undocumented without DACA, it is not recommended that you use an AB60 license as identification for travel.

Please also see the American Civil Liberties Union's (ACLU) fact sheet on risks associated with travel within "100-mile border zone."

Yes, it can. Immigration is governed by federal, not state law, and marijuana is still unlawful to possess under federal law. Furthermore, it is important not to post images on social media of you engaging in marijuana use. If you have an arrest, citation, or conviction for any crime related to marijuana, or are generally concerned about how marijuana possession can impact your immigration status, please contact an immigration attorney.