The agents of “U.S. Immigration and Customs Enforcement (ICE)” remain deployed in United States to apprehend illegal migrants and enforce deportation to their countries of origin, but there is a group that is safe from this process.
PUBLICIDAD
The undocumented individuals with criminal records are the ones who have no option to avoid deportation. Otherwise, many have possible avenues to appeal the removal order before an immigration judge.
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La Nación explained that amid the tension over the wave of deportations in the United States, there are two groups of immigrants who are exempt from this immigration policy, ordered by President Donald Trump.
The first group of immigrants that is safe from deportation are the beneficiaries of the “Deferred Action for Childhood Arrivals” (DACA), which Barack Obama established through an executive order in 2012 for those who arrived in the country as children without immigration status and for those who were present on June 15, 2012. Although it does not grant legal immigration status or an option for citizenship, it provides permission to work, a driver’s license, and social benefits. Those with DACA are protected from deportation for two years.
In the second group that is protected from deportation are those who have been granted asylum for having demonstrated persecution due to their race, political opinion, religion, nationality, or membership in a certain group.
“Trump’s policy on protected immigrants”
President Trump attempted to eliminate DACA in his first term, so it is not ruled out that he may try again in this second term.
In 2025, there was uncertainty regarding DACA because on January 17 of that year, an appeals court declared it illegal. However, for now, immigrants with this benefit remain protected from deportation.
According to the United States Citizenship and Immigration Services (USCIS), to apply for DACA, the individual must demonstrate that they arrived in the United States before turning 16 years old, or that they have been in the country since June 15, 2012, or that they have been continuously residing in U.S. territory since June 15, 2007. They must also prove their immigration status, student status, or that they are a retired veteran of the United States Armed Forces.