President Trump is Expected to Refile Paperwork, this week, to Rescind the Deferred Action for Childhood Arrivals (DACA) Program that offers Deportation Protections for Thousands of Immigrants.
The Policy, an Executive Branch Memorandum, was announced by President Barack Obama on June 15th, 2012. U.S. Citizenship and Immigration Services began Accepting Applications for the Program on August 15th, 2012.
To be Eligible for the Program:
- Recipients Cannot have Felonies or Serious Misdemeanors on their Records.
- DACA does Not provide a Path to Citizenship for Recipients.
- Recipients must be Present in the U.S. Unlawfully after being brought in as Children before their 16th birthday and prior to June 2007.
- Be Currently in School, a High School Graduate, or be Honorably Discharged from the Military.
- Be under the Age of 31 as of June 15th, 2012.
- Not have been Convicted of a Felony, significant Misdemeanor, or Three other Misdemeanors, or otherwise pose a Threat to National Security.
- The Program does Not currently provide Eligibility for Federal Welfare or Student Aid.
To Receive a Renewable Two-year Period of Deferred Action from Deportation, and become Eligible for Three-year Renewable Work Permit in the U.S. Eligible Individuals must Pay a $495 Application Fee, submit Several Forms, and Produce Documents showing they meet the Requirements. They do Not need Legal Representation. The Work Permit Renewal Fee is $900.
The Decision to Refile on DACA was widely Expected after the Supreme Court Ruled last month that the Administration Failed to give an Adequate Justification for Terminating the Program as Required by Federal Law. But the Court made clear, Trump can Refile, essentially Forcing him to try Again or Risk the Appearance of Backing Down.
"We have to refile,” Trump told Fox News days after the Ruling. "And everything’s going to work out for DACA and the young people, who aren’t so young, if you want to know the truth."
"This is not something the Trump administration has to do. The Supreme Court did not tell Trump that he was required, as he says, to refile the paperwork," said Aaron Reichlin-Melnik, Policy Counsel at the American Immigration Council.
The New Filing would likely be Challenged again in Court. It's Unclear if the Rescission would go into Effect prior to Election Day, but Trump's Renewed Focus on Ending the Program will likely make it a Key Election Issue and could put the Spotlight on Congress's Inability to Reach an Immigration Deal.
The Trump Administration in 2017 Rescinded DACA. The move was a Central Feature of the President’s Initial Efforts to Restrict Immigration upon taking Office. Trump's 2017 Rescission of the Program gave Congress Six months to Create a Statutory Replacement for DACA, while Shutting down New Applications and Renewals, but without Prematurely Ending the Two-year Permits Granted by the Program. It's Unlikely that a New Rescission would Abruptly End Benefits for Current DACA Recipients.
The Roberts Ruling Reversed Trump's 2017 Decision saying it did Not Comply with the Administrative Procedure Act, in part, because it Failed to weigh the Potential Effects on DACA Recipients and those Surrounding them.
"Justice Roberts' decision made clear the Trump administration must at the very least consider the impact on the 670,000 people who currently have DACA as well as the impact on their 250,000 U.S. citizen children and families and employers," said Reichlin-Melnik.
Polls show that there is Broad Bipartisan Support for Protecting Dreamers, but the President's Allies who Favor Restricting Legal and Illegal Immigration have argued he has little Choice but to follow through on Ending the Program.
“Overall absurdity of the ruling aside, the Supreme Court provided a clear procedural roadmap of how to rescind the program. We expect the administration to do so in the coming weeks,” said RJ Hauman, Head of Government Relations at the Federation for American Immigration Reform.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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