Post - Election AB-540 & DACA FAQ’s

Many AB-540 & DACA individuals are concerned as to how the 2016 Presidential election results will affect them and their families. Although much is currently unknown, a list of Frequently Asked Questions (FAQs) have been compiled.

The information below is informational and does not constitute legal advice.  Each individual case is different, and advice may vary depending on the situation.  If you have any questions about your case, please contact an attorney for a consultation as soon as possible.

I am undocumented / have undocumented family members.  Will we be immediately deported?

  • No. It is uncertain at this time what approach the new administration will take toward undocumented families.  However, according to the Mexican American Legal Defense Fund (MALDEF), “individuals without status who are present in the U.S. have certain legal and constitutional rights.  You have a right to a hearing and to have a judge review your case.  That process can take years in some cases, and you can remain in the U.S. until a final decision is made.  Other constitutional protections prevent certain enforcement tactics, and may present a basis to challenge overly aggressive attempts at immigration enforcement by the federal government.

I have DACA. Will my deferred action be terminated when the President-Elect takes office in January?

  • The new President may cancel DACA if he chooses. At this time, we do not know if the President-Elect will immediately cancel the DACA initiative or when that might happen. Even if DACA is terminated, whether or not your lawful presence and work permit will cease right away depends on the announcement by the President-Elect and how it is implemented by the federal government.

Will I still be able to work with my current, unexpired DACA EAD card after the Presidential Inauguration?

  • It depends on whether the new president repeals DACA. If and when DACA is repealed, you will no longer be able to work with your EAD card even if it is unexpired. Many groups are asking that the new president not take back the unexpired cards but we do not know how he will respond to that request.

Will in-state tuition/admission for undocumented college students end?

  • No. The laws that provide in-state tuition/admission for students are passed by states and cannot be changed by the President.

I received Advance Parole to study abroad next Winter Quarter/Semester. Should I go on my trip?

  • No, you should not leave or be outside of the country after January 20, 2017. This is because if the new president repeals DACA while you are abroad, it is very likely that you will not be permitted to re-enter the United States upon return, with or without Advance Parole.

I received Advance Parole to visit family in December, and return in the beginning of January. Should I go on my trip?

  • You can travel, but there is a heightened risk that you will not be permitted to return to the United States with Advance Parole. Please consult with an attorney.

I am currently abroad and plan to return with Advance Parole. When should I come back?

  • You should come back as soon as possible, before the date of the Presidential Inauguration, which is Friday, January 20, 2017.


Additional Questions? Please contact

Claudia Catota
Assistant to the President for Equity, Inclusion, and Compliance
ccatota@csub.edu

CSU Office of the Chancellor Resources

DACA FAQ Flyer

DACA FAQ Flyer - Spanish