In what was the most decisive decision yet on DACA (Deferred Action For Childhood Arrivals) and DAPA from the President Trump administration, President Trump, through John Kelly, dropped the memorandum enabling the illegal alien parents of illegal aliens and United States citizens to live in the United States legally.
The DAPA program put in place through an executive action by Ex President Barack Obama was blocked by a Texas court judge issuing an injunction and the Supreme Court tied 4-4 last year, leaving the original injunction in place ever since.
President Trump’s administration broke a key campaign promise by keeping the DACA program in place after he came into office. At the time, the hopes his supporters had were that the administration would stop issuing work visas to the illegal aliens, President Trump’s administration was caught still handing out the visas well after President Trump took office.
Just this last week, President Trump’s administration released new findings on the DACA program and showed that the program is still alive and well under an administration that the chief executive pledged to eliminate.
Data released by U.S. Citizenship and Immigration Services officials last week indicated that the government granted 17,311 new work permits to people under the Deferred Action for Childhood Arrivals program and renewed another 107,524 permits from January through March. That is roughly equivalent to the number of permits that the previous administration issued from October through December.
With the new memorandum, the President affirmed that the President Obama DACA policy will remain in force for the foreseeable future.
On June 15, Department of Homeland Security Secretary John F. Kelly, after consulting with the Attorney General, signed a memorandum rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) because there is no credible path forward to litigate the currently enjoined policy.
The rescinded memo purported to provide a path for illegal aliens with a U.S. citizen or lawful permanent resident child to be considered for deferred action. To be considered for deferred action, an alien was required to satisfy six criteria:
(1) as of November 20, 2014, be the parent of a U.S. citizen or lawful permanent resident;
(2) have continuously resided here since before January 1, 2010;
(3) have been physically present here on November 20, 2014, and when applying for relief;
(4) have no lawful immigration status on that date;
(5) not fall within the Secretary’s enforcement priorities; and
(6) “present no other factors that, in the exercise of discretion, make [ ] the grant of deferred action inappropriate.”
Prior to implementation of DAPA, twenty-six states challenged the policies established in the DAPA memorandum in the U.S. District Court for the Southern District of Texas. The district court enjoined implementation of the DAPA memorandum, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s decision, and the Supreme Court allowed the district court’s injunction to remain in place.
The rescinded policy also provided expanded work authorization for recipients under the DACA program for three years versus two years. This policy was also enjoined nationwide and has now been rescinded.
The June 15, 2012 memorandum that created the Deferred Action for Childhood Arrivals (DACA) program will remain in effect.