On Wednesday, USC’s Gould School of Law Immigration Clinic hosted a presentation and question-and-answer event on immigration policy changes that can be expected under President-elect Donald Trump’s incoming administration.
One of the event’s speakers, USC Professor of Law and Director of the immigration clinic Niels Frenzen, said that it is not known exactly what policies Trump will enact but they “certainly have good ideas” based on his previous term.
“Inauguration Day is January 20. I’m sure there are going to be executive orders and declarations made on that day by President Trump,” Frenzen said. “But again, it doesn’t mean that things are going to be happening immediately.”
Frenzen and Co-Director of USC Immigration Clinic and Clinical Associate Professor of Law Jean Reisz discussed potential policy changes such as mass deportation, changes to immigration programs and the civil rights that undocumented individuals have, as well as the likelihood of these policies being enacted.
“Virtually every one of President Trump’s previous immigration enforcement practices were challenged in court and some of those legal challenges were successful,” Frenzen said.
While some of Trump’s previous immigration policies were blocked, Reisz said his incoming administration might continue to focus on the topic.
“We anticipate that under the next Trump administration, DACA will be terminated. We saw a preview of that in the first Trump administration,” Reisz said.
Deferred Action for Childhood Arrivals (DACA) is a renewable application that was implemented in 2013 by the Secretary of Homeland Security. DACA delays removal actions for individuals that were children when they immigrated to the United States.
DACA was declared unconstitutional and illegal by Jeff Sessions, then-attorney general under the Trump Administration, in 2017. In June 2020, the U.S. Supreme Court found that the termination of DACA violated the Administrative Procedure Act and was done in an arbitrary manner. This, along with the dismantling of DACA being deemed judicially reviewable, reversed the decision and allowed the program to continue.
As of May 21, 530,000 individuals are protected under the DACA program according to the National Migration Forum.
“If DACA is terminated and there’s no other kind of executive program in its place…for everybody who has DACA, it could be revoked,” Reisz said. “People who have DACA, when it naturally expires, will be unable to renew their DACA status which includes being unable to renew their employment authorization.”
Reisz said that students protected under DACA should avoid international travel past January 20 to renew their application and to know their rights.
Alexa Hernandez Diaz, co-executive director of the Undocumented Trojan Success Assembly and undocumented senior majoring in journalism, said that out-of-state students face a different challenge when traveling to and from campus in Los Angeles.
On Tuesday, the Los Angeles City Council voted to adopt an ordinance that prohibits immigration enforcement to use city resources which includes disallowing cooperation with federal immigration agents unless required. The ordinance must be signed by Los Angeles City Mayor Karen Bass to be enacted.
“There are undocumented students that come from out of state and some of those states aren’t [sanctuaries] and are more probable of deportations,” said Hernandez Diaz. “[They have] stricter rules regarding these mass deportations.”
On the final night of the Republican National Convention, Trump said he plans to launch the “largest deportation operation in the history of our country.” Frenzen said that the United States has a history of mass deportation, but there are logistical issues that come with it.
“If you’re just looking at what’s been going on in recent years, about [200,000] to 300,000 people get removed from the United States as a result of ICE enforcement operations,” Frenzen said. “Why that number? Why not 500,000, why not a million? It is not a legal issue. It is a money issue.”
ICE, or the U.S. Immigration and Customs Enforcement agency, is a branch of the Department of Homeland Security that enforces federal immigration, trade, border control and customs laws.
Hernandez Diaz said these potential policies can cause anxiety and a “sense of vulnerability” for students.
“Undocumented students are at risk so we really rely on allies to protect us and serve as a shield during these very targeting times,” she said.
DACA recipients are not the only individuals protected from removal proceedings by a government program.
“Another potential program that we’ll see end, based on President Trump in his first administration seeking to end it, is Temporary Protected Status,” Reisz said.
Congress created the Temporary Protected Status program, or TPS, when it enacted the Immigration Act of 1990. Individuals from nations that are difficult to deport to or unsafe to return to are granted this protection.
“Obtain legal consultations and see if you have any other options, if you have TPS, in order to prepare and know what to expect,” Reisz said.
The event’s audience was not limited to the communities directly affected by these policy reforms. Lora Dohler, a junior studying law, history and culture, attended the event in place of Reisz’s usual class held on Wednesday afternoons.
“As we’re just heading into the new administration, [immigration law] is definitely something that I want to be prepared for and to know about,” Dohler said.
Dohler said while she is not personally connected to the undocumented community, she has a professional interest in immigration law and was struck by the topics covered in the presentation.
“We talk about knowing your rights, but I think when you’re scared, especially with cops who have guns and are not afraid to point their guns at you, like we’ve seen a million times over, I can’t even imagine how terrifying that would be — to have the guts that it would take to be able to actually stick to your rights in the face of everything.”
These policy changes will remain hypothetical until Trump takes office in January. Nevertheless, some members of the USC community are preparing during a time of uncertainty.
“Of course there’s fears, there’s anxieties and uncertainties,” Hernandez Diaz said. “But at the same time, I think there’s a strong sense of determination, not only from our community, but also from our allies.”