Jemima Martinez says she had a feeling Donald Trump would win the presidency. But the North Texas resident wasn’t prepared for the wave of emotions she felt after he was declared the victor over Vice President Kamala Harris.
“Surprisingly, I’m more upset than I thought I would be,” Martinez said. “I just didn’t realize how affected I would be by the actions of people that I know that I didn’t expect to support him.”
Martinez, 37, is a DACA recipient, a status she’s held for 12 years. The Obama-era program, formally known as Deferred Action for Childhood Arrivals, allows people who came to the country unauthorized when they were children to live and work in the U.S. without fear of deportation. Trump sought to end DACA during his first term.
For Martinez, a vote for him felt like a slap against her and the more than 500,000 DACA recipients in the U.S. Texas has about 89,000 residents with DACA status, the second highest in the country.
Martinez said some people she knows voted for President Joe Biden in the 2020 election because they thought he would formalize DACA or give recipients a path toward legalization. This time, they told her, other factors, like their concern about the economy, drove them to vote for Trump. She said they ignored his anti-immigrant rhetoric and talks of mass deportation.
“Their excuse is, ‘Oh, he’s just saying that to win some specific demographic. He’s just talking,’” she said.
DACA under Trump
DACA policy experts say it’s unclear what, if anything, Trump would do to the program during a second term.
“It’s important to note that as important as DACA was, Trump himself did not make the announcement to end it,” said Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund. “He delegated that to Attorney General Jeff Sessions, which may be an indication that his support for ending DACA was not as strong.”
Prior to becoming a presidential candidate, Trump met with DACA recipients and so-called Dreamers to express his support for them. Saenz points out that since this will be Trump’s second term and he’s not able to run again, he could have his eye more to history than pleasing voters.
But nothing is certain.
DACA’s legal challenges
For the past several years, DACA has been on a roller coast of legal challenges.
Last month, the Fifth Circuit of Appeals in New Orleans heard arguments in the Texas-led challenge to the legality of DACA. It’s the second time the case has gone to the Fifth Circuit. The first time, the court agreed with Texas that it has standing to challenge DACA and that it’s unlawful.
But the court sent the case back to be revisited because of the Biden administration’s decision to put DACA through the formal rule-making regulatory process. That rule is what’s now being considered by the Fifth Circuit.
“He is as likely as not to simply let this case move forward and to focus on other elements of immigration policy rather than DACA,” Saenz said. “While he has obviously articulated consistently a very anti-immigrant line, he also knows that DACA recipients are critically important to our economy and our society.”
Many believe the case will ultimately land before the U.S. Supreme Court.
Making their voices heard
Edilsa Lopez, who came to the U.S. from Guatemala when she was 12, works as an accountant in Austin. The day after the election, she said she didn’t go into the office to work because of how sad she felt.
“I’m so uncertain and very upset,” said Lopez, who only a few days ago told a co-worker that she was studying for the LSAT and wants to become a lawyer. “I had already created this whole pathway to become a lawyer. And then, all of a sudden, I realized the results of the election can really affect my future.”
Lopez said she felt like all of her plans crumbled. But she doesn’t want to lose all hope.
“We need to keep making our voices heard, our stories shared. I hope people like me and other DACA recipients can take courage to continue fighting and advocate for ourselves,” Lopez said.
For now, Saenz and other advocates say the most important thing DACA recipients can do is to make sure their status is up to date. Meet with an immigration lawyer, he said, and look into whether there are new prospects for changing their status.
“I think it’s important for DACA recipients and others who are concerned about actions that might be taken by the Trump administration . . . to recognize and understand that they are not alone,” he said. “That there are many, many influential leaders and organizations that will stand with them and do what is possible within the law to protect them.”
Got a tip? Email Stella M. Chávez at schavez@kera.org. You can follow Stella on X (formerly known as Twitter) @stellamchavez.
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