Can President Trump deport DACA approved DREAMers?

In addition to discussing possible scenarios for the future of DACA and DREAMers who have been approved, a lot of you have written to ask if DACA approved DREAMers can be deported were Donald Trump to become the US president starting January 2017.  I am glad to hear that smart DREAMers are planning their future right now rather than scrambling when the decision is made.

So here are the facts.  Even if Donald Trump were to be elected president in 2016, it is unlikely that Republicans will have filibuster proof majority in both the House of Representatives and the Senate.  In other words, he will not be able to accomplish everything that he is promising to do.  Having said that even if a Democrat were elected president, they would not be able to pass a comprehensive immigration reform either and the best that can be hoped for is an extension of DACA (in case the Supreme Court does not declare it unconstitutional).



We also know that President Barack Obama has done everything that he could possibly do to help those immigrants who are in the United States illegally.  In addition, he instructed Border Patrol to look the other way making it easier to cross the Mexican border illegally.  Plus, if you did not make trouble, he also left you alone with absolutely no prosecution for identity theft or unauthorized work or using fraudulent documents.  Despite this lack of enforcement of American immigration laws, a small number of immigrants were deported but mostly turned away at the Mexican border.  Stopping anyone from entering the country without proper papers and deporting those who are here without authorization are the duties of the US president and he is bound by law to do so.  The president does not need any further approval to do so.

So if Donald Trump wins the presidency, he can simply cancel DACA (in which case, you will lose your protected status and authorization to work immediately, though, he might give a few days or weeks to leave voluntarily) and then start enforcing the immigration laws to deport anyone who does not have the right documents.  DACA approved DREAMers are going to be easy targets because they have provided information about them along with their fingerprints to the Federal government.  So it is true that there are no resources to deport 13 million folks, Trump can use existing funds to deport a lot more than Obama has done.  For this, he already has the legal authority and funds.  Exactly what will happen and how it will all play out will be known only in the future, but DREAMers who want to have a more predictable life and live with respect must start to plan ahead.