PHOENIX – Reyna Montoya was 10 years old when she and her family fled violence in Tijuana and immigrated illegally to the United States. Growing up in Arizona, she feared that even a minor traffic violation could lead to her deportation.

She didn’t feel relief until 11 years later, in 2012, when she received a letter confirming she had been accepted into a new program for immigrants who came to the country illegally as children.

“All of a sudden, all these possibilities opened up,” Montoya said, fighting back tears. The Obama era Deferred action for child arrivals The program granted him and hundreds of thousands of others two-year, renewable permits to live and work legally in the United States.

But as President-elect Donald Trump prepares to return to the White House, after a failed attempt to end DACA During his first term, the approximately 535,000 current beneficiaries are once again bracing for a whirlwind of uncertainty. Meanwhile, a years-long challenge to DACA could ultimately make it illegal, leaving people like Montoya without protection from deportation.

“I have to take his (Trump’s) words very seriously, that when they talk about mass deportation, that also includes people like me,” said Montoya, who runs Aliento, a rights organization for immigrants based in Arizona.

Uncertainty is nothing new for DACA recipients. As many have matured from school age to adulthoodthey witnessed an avalanche of legal threats against the program.

DACA has not accepted new applicants since 2021, when a a federal judge ruled it illegal and ordered that new applications not be processed, even though current recipients could still renew their licenses. The Biden administration appealed the decision and the case is currently pending.

For those who have obtained and renewed DACA permits, the benefits have been life-changing. Thanks to DACA, Montoya was able to work legally for the first time, receive health and dental care, and obtain a driver’s license.

Many winners hoped that Vice President Kamala Harris would win the presidency and continue to fight for them. But the re-election of Trump, who has repeatedly accused immigrants of fueling violent crime and “poisoning the blood” of the United States, has increased their fears that DACA could end and they would be deported.

Out of an abundance of caution, some are rushing to renew their licenses, according to the Coalition for Immigrant Human Rights, which provides free legal aid to help them through the lengthy process.

Others are preparing for possible family separations. Pedro Gonzalez-Aboyte, a Phoenix native and DACA recipient, said he and his immigrant parents, as well as his two U.S.-born brothers, had recently discussed the possibility of separation.

Gonzalez-Aboyte recalled her parents, who immigrated from Mexico, saying that even if they couldn’t stay in the country, “as long as all three of you are here and you’re OK, then that’s what we want”.

“It was a very real conversation that we had,” Gonzalez-Aboyte said.

Trump transition team officials did not respond to emailed requests for comment.

While it’s unclear what impact Trump might have on DACA this time around, he has suggested cutting other programs that offer temporary protection for immigrants and staffs his new administration with immigration hardliners, including Stephen Miller and Thomas Homan.

During his first term, Trump attempted to rescind DACA. But in 2020The United States Supreme Court concluded that his administration had improperly terminated the program, but did not rule on the legality of the program.

But the fate of DACA will not be left to Trump immediately, if at all.

A three-judge panel of the 5th U.S. Court of Appeals, considered the Most conservative appeals court — heard arguments in October regarding the legality of DACA. The case, initially filed by Texas and other Republican-led states in 2018, now focuses on a Biden administration rule. intended to preserve and fortify DACA.

Lawyers for DACA opponents have argued that illegal immigrants in the country pose a financial burden on states. Meanwhile, the Biden administration, as well as commenters, argue that Texas has not demonstrated that the costs it cites are attributable to the policy and, therefore, lacks standing.

The panel has no deadline to make a decision. Regardless, his decision will likely be appealed, which could take the case to the U.S. Supreme Court.

Stephen Yale-Loehr, an immigration law professor at Cornell University, said the most likely scenario would be that the panel says DACA is illegal and the case goes to the Supreme Court. He doesn’t expect Trump to immediately try to end DACA, but doesn’t rule out the possibility.

“I don’t know if they could actually end the program any faster than the current ligature does,” he said. “They could still do it, but they have an awful lot of immigration policy issues to sort out.”

Yale-Loehr said the Biden administration is limited in how it could help DACA recipients at this point, but it could allow recipients to renew their permits sooner and process them as quickly as possible.

Greisa Martinez Rosas is a DACA recipient and executive director of United We Dream, a youth-led immigrant rights network with more than 1 million members nationwide. She said the immigrant rights movement has grown significantly since Trump’s first term and has been preparing for this moment for years, “building an agile, responsive infrastructure so we can make changes.” as threats emerge.”

She said they are calling on Americans to provide sanctuary to immigrants, prepare to keep people physically and psychologically safe in the event of mass expulsions, plan protests and seek help from the current administration .

“We still have a few months for the Biden administration to use every tool at its disposal to protect and defend as many people as possible,” Martinez Rosas said during a recent press briefing. “We expect them to do so now more than ever.”

___

Gabriel Sandoval is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to cover under-reported issues.