A Nightmare for DREAMers: Immigration Attorneys Are Concerned About—but Not Surprised by—the Trump Administration’s List of Demands

A Nightmare for DREAMers: Immigration Attorneys Are Concerned About—but Not Surprised by—the Trump Administration’s List of Demands

On Oct. 8, the Trump White House released a long list of demands that the president had given to Congress—demands that Trump said would need to be met in order for the fate of young undocumented immigrants, often called DREAMers, to be determined.

“These findings outline reforms that must be included as part of any legislation addressing the status of Deferred Action for Childhood Arrivals (DACA) recipients,” Trump said. “Without these reforms, illegal immigration and chain migration, which severely and unfairly burden American workers and taxpayers, will continue without end.”

The list of demands disappointed advocates of DREAMers—young men and women who could face deportation if Congress does not act.

Hadley Bajramovic is a Riverside County immigration attorney for both the Consulate of Mexico and the Consulate of Guatemala. She said the proclamation by Trump did not surprise her.

“I don’t know that it was shocking,” Bajramovic said, “but the recommendations (the Trump White House) made are very harsh from our point of view. A lot of the principles and policies that are talked about in that memo are already in place. So, for me, there are parts of it that are just a big eye-roll.

“I noticed a theme of using criminality as a scare tactic—like we aren’t protected from (immigrants). ‘We need to protect the U.S.A. from these people,’ but the protections are already there.

Bajramovic highlighted some of the positions outlined in the White House directive that she found to be misleading and/or inflammatory.

“The administration is suggesting that the border is still porous, and it is not,” she said. “I work with people who come to the border and declare asylum or ask for protection, and also people who crossed the border illegally. In the past two to three years, I have not had anybody come to my office who recently crossed without inspection. It was very common up until about 2007-2008 that people would either cross through the desert or come in (with the help of) a coyote. Now the people I am seeing were admitted or paroled in by the Border Patrol because they established that they could be eligible for relief. So the notion that the border is still porous is wrong. Building a wall is unnecessary. It’s an unnecessary expense.”

“But what was interesting and eye-opening is that whoever drafted these policies was aware of the protections coming into place under our local laws to help undocumented people or people with immigration issues who have criminal convictions. Most recently, California passed a law that allows attorneys to submit motions to vacate criminal convictions if it can be proven that the defendant was not fully aware of the immigration consequences of accepting a plea deal. This law, California 1473.7, went into effect this past January and says that before a person can do a plea deal, they must understand what they are doing. It’s a due-process protection, and it’s fair. This memo attacks that type of due-process protection and is calling it a part of the ‘sanctuary status.’ It calls for prohibiting states or cities from giving that kind of a remedy. That’s really disturbing.”

“Another point that is really important: California provides services and benefits to aliens,” Bajramovic said. “In fact, the California Department of Social Services just opened up federal funding (to access by the public) of $45 million to fund immigration relief for undocumented people. Now this memo says they want to restrict grants to states that do that.”

Megan Beaman Jacinto is a La Quinta-based immigration-rights attorney.

“I’ve seen some phases of reaction and response (among current DACA beneficiaries), beginning with the time leading up to Sept. 5, when Trump declared that DACA would be ended by executive order. There was dread mixed with terror leading up to that date—but after, it was just terror,” she said. “There was a lot of uncertainty immediately about whether that announcement meant that Immigration and Customs Enforcement would just be coming for everyone who then possessed DACA. That was the initial reaction, I think, both in the advocate community as well as the DACA-recipient undocumented community.”

Beaman Jacinto pointed out a less-obvious consequence of the Trump administration’s ongoing anti-immigration stance.

“There’s been an interesting political framing of the DREAMer community as the one, limited group of people who are deserving of immigration protection,” Beaman Jacinto said. “It’s like they were the victims of their parents (actions and decisions). I appreciate, and agree, that the group we call DREAMers should be protected, but it sort of requires that we vilify everyone else. The parents of those kids are not DREAMers, even though they came here to provide a better life for their families. And the kids arriving now are not DREAMers, because they didn’t arrive before the deadline and the passage of the DREAMer legislation. It’s an interesting and arbitrary set of guidelines that have established this one deserving group that’s received protection both from Obama’s DACA executive order and now, most likely, from the (new Trump iteration) of the DREAM Act which we think will become law, hopefully next year. If that passes, it will be really great, and a step in the right direction—but it has required throwing a lot of other people under the bus.”

“If the DREAM Act does pass, or even if it doesn’t, we need to do the right thing for other people who didn’t fall into that so-called DREAMer category—because we’re all dreamers.”

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