by Frank

July 28, 2020

President Donald Trump has extended Deferred Action for Childhood Arrivals (DACA) for another year. The administration is going to perform a comprehensive review of DACA and figure out what to do next.

As of now, DACA has one more year of renewals for work permits that were given to recipients by former President Barack Obama. However, no new entrants into the program will be accepted. This accounts for about 800,000 undocumented immigrants. This program is specifically designed to give immigrants working papers and exempt them from being deported.

Trump wanted to cancel the program, but the Supreme Court blocked him from doing that in 2017. Their reason? Trump’s administration didn’t have an “adequate explanation of the cancellation.”

A Trump official stated that “the administration is disappointed about the Court’s decision and continues to doubts the program’s legality.”

The official was quoted as saying:

When the administration next acts on DACA, it will be on the basis of the comprehensive review of the substantive legal and legal policy justification offered for winding down the program.

Obviously, to do this correctly and thoughtfully, the review will have to take time.

We won’t weigh in on how long that will take because it’s a question of a careful review of all the [2017 and 2018] documentation that was provided to the Deputy Secretary [Elaine] Duke, Attorney General [Jeff] Sessions, Secretary [Kirstjen] Nielson, in the formation of their memos.

In the meantime, the administration will take the following action on the existing DACA program: All initial requests and application fees submitted for new filings will be rejected without prejudice [for reactivation] should the policy be retained the DACA policy be retained following administration’s review.

We will adjudicate all applications for renewal on a case-by-case basis consistent with immigration statute, providing one-year, rather than the exiting two-year renewals. And consistent with this policy and the reasoning behind the original [Janet] Napolitano departmental memo, all applications for Advance Parole will be rejected, absent extraordinary circumstances.

[The] forthcoming memo issued today from the Department of Homeland Security will lay out the background and the pending action in greater detail.

I’ll just say here in conclusion: These actions will limit the scope of the program, while DHS and the administration review its legality, justifications for a possible wind-down, and other considerations relevant to deciding whether to keep or wind down the DACA policy.


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