Advice

Advice for DACA students and DACA candidates

Advice for other students feeling threatened by issues of identity or status

  • The Center for Inclusion and Diversity (Maher 253) serves as a one-stop for concerned students and students experiencing marginalization. The CID actively supports students with referrals to the right resources and advocacy.
  • Your faculty can be tremendous resources and can work with the CID and other offices to support students. 
  • The UFMC, Black Student Resource Center, International Center, University Ministry, Women’s Center, Veterans Center, SSS, and other targeted resources will welcome you and support you.

Frequently asked questions regarding Potential Changes to Immigration Policies and Enforcement

The following is informational and does not constitute legal advice. Each individual case is different, and advice may vary depending on the situation. For legal advice and support, go to www.sandiego.edu/law/free-legal-assistance/. 

The current national dialogue on immigration could result in sweeping changes to immigration policies and enforcement. The following are questions and answers that may be helpful in understanding the current environment and national dialogue:

WHAT CHANGES IN IMMIGRATION POLICY AND ENFORCEMENT WE CAN EXPECT WITH THE NEW ADMINISTRATION?

At this point, there is not a definitive answer, but it is possible that, under a Trump Administration, more federal resources will be shifted towards immigration enforcement. Policy recommendations could become law without specifically requiring an act of Congress.

I HAVE DACA. WILL MY DEFERRED ACTION BE TERMINATED UNDER THE NEW ADMINISTRATION? 

At this time, we do not know if President Trump will cancel the DACA initiative You can track media reports about DACA on this website's news center.

WHAT IMMIGRATION PROGRAMS CAN PRESIDENT TRUMP REPEAL?

Any law that was not passed by Congress could be eliminated by a new president, through the issuance of new regulations, or, if it is just a statement of policy, can be rescinded by the executive branch through a memo. This includes, but is not limited to, Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS) for nationals from specific countries, the parole-in-place program for spouses, children and parents of active or reserve U.S. military personnel, the I-601(A) provisional waiver program for people with unlawful presence, work permits for spouses of H1-B visa holders, and optional practical training for international students.

AS A DACA STUDENT, WILL THE FEDERAL GOVERNMENT USE MY INFORMATION TO FIND AND DEPORT ME?

Deporting the more than 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, families should still 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. Browse our legal resources page on this website. 

SHOULD I APPLY FOR DACA NOW?

The answer depends on your personal circumstances, which you should discuss with an immigration lawyer. Some considerations are your age, whether you need deferred action or work authorization urgently, and whether your situation would allow you to wait to see what happens to DACA. It is important to consider that applying for DACA will give your personal information to the government and may put you at risk should President Trump rescind DACA. 

WHAT WILL HAPPEN WITH EXPANDED DACA (DACA 2014)?

Implementation of these initiatives has been halted by a lawsuit. However, President Trump can rescind these initiatives if he chooses, effectively making that court process moot. 

I HAVE A PENDING IMMIGRATION PETITION. WHAT WILL HAPPEN WITH MY APPLICATION?

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. 

HOW CAN I FIND OUT IF I HAVE OTHER OPTIONS TO AVOID DEPORTATION? 

Seek assistance from a reputable immigration lawyer. Visit www.sandiego.edu/law/free-legal-assistance

I’VE BEEN PLACED IN REMOVAL PROCEEDINGS. WHAT CAN I DO?

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. 

CAN MY CITIZENSHIP BE TAKEN AWAY IF MY PARENTS ARE UNDOCUMENTED?

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.

WILL IN-STATE TUITION / ADMISSION FOR UNDOCUMENTED COLLEGE STUDENTS END?

No. The laws that provide instate tuition/admission for students are passed by states and cannot be changed by the president.