DACA: Trump administration will review program and reject new applications


The announcement, which comes more than a month after the Supreme Court blocked President Donald Trump’s attempt to end the Deferred Action program for Childhood Arrivals, appears to intend to buy time as the administration decides its next steps.

Trump has repeatedly criticized DACA as part of his anti-immigration agenda, but three years after his administration he has been unable to end the program as promised after a series of lawsuits. The latest attempt to cap the program in the run-up to the 2020 election is likely to fuel uncertainty in the lives of thousands of immigrants who are beneficiaries of the program or who plan to apply.

“The administration is now conducting a comprehensive review of the DACA program and the justifications that have been offered to liquidate DACA, including its illegality and the negative effects the program has on what I call ‘immigration behavior’, including smuggling. and illegal crossings, “a senior administration official told reporters.

The White House organized a telephone meeting with journalists on the condition that the official be granted anonymity.

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“The next time the administration acts on DACA, it will be the basis for a comprehensive review of the substantive legal and legal policy justifications offered to close the program,” the official added.

Meanwhile, the administration will reject all initial applications and application fees for new submissions “without prejudice” to future applications.

The administration will award all renewal applications “case by case” in accordance with immigration law, but will provide renewals for one year, rather than the current two years. And all advanced parole requests “will be rejected in the absence of extraordinary circumstances.”

In a 5-4 ruling in June, the Supreme Court blocked the Trump administration’s attempt to end DACA, a program established in 2012 that protects undocumented immigrants who came to the United States from deportation and allows them to work in the United States.

Since then, the delay has left thousands of immigrants who are eligible for the program in limbo and has sparked outrage among lawyers who allege that the government is defying court orders.

Acting Homeland Security Secretary Chad Wolf detailed the changes in a memo released Tuesday. It is the third memorandum that the Trump administration issued in an attempt to terminate the program, although Wolf did not finish it at the moment.

“I concluded that DACA’s policy, at a minimum, presents serious policy concerns that may justify its complete termination,” Wolf wrote, adding that the responsibility rests with Congress.

Wolf justified the decision to reject new applicants arguing that any reason to keep the program is “significantly reduced, if not entirely lacking” with respect to people who are not yet enrolled.

Legal and legislative challenges

At a Maryland hearing last Friday, Justice Department attorney Stephen Pezzi acknowledged a “regrettable lack of clarity” on the United States government website regarding the current status of the program.

Pezzi said at the time that new requests are being held, not rejected, while policy is being considered and that the Justice Department cannot “get ahead” of the Department of Homeland Security.

DACA-eligible immigrants have been waiting in the wings for the go-ahead to apply after the Supreme Court ruling and the related Maryland ruling.

Arlette Morales submitted her DACA request weeks ago. “I very much hope they will accept it … but I also have to be careful, because maybe not,” he told CNN. “It is really difficult. It is really unpredictable.”

Congress is the only body that can provide a permanent solution for DACA beneficiaries through legislation. Last year, the House of Representatives introduced and passed the “Dreams and Promises Act” which, in part, would provide a path to citizenship for DACA beneficiaries. The Senate has not taken it.

For years, Democratic and Republican lawmakers have tried, and failed, to pass legislation that addresses this portion of the undocumented population.

In 2001, Senators Orrin Hatch, a Republican from Utah, and Dick Durbin, a Democrat from Illinois, introduced the “Foreign Minors Development, Assistance, and Education Act,” also known as the DREAM Act. He sought to provide young undocumented immigrants with a path to legal status and earned the group of undocumented immigrants brought to the United States as children the nickname “Dreamers.”

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Since then, there have been several iterations of the measure that, while somewhat different, seek to put the group on the path to legal status. But the exchange between Democrats and Republicans about the “dreamers” has made it difficult to achieve a bipartisan compromise.

The Speaker of the House of Representatives, Nancy Pelosi, has already indicated that she is not willing to negotiate on certain points.

“Our advocates of comprehensive immigration reform do not want us to compromise on any of those points. We should have comprehensive immigration reform. We will move in that direction,” Pelosi told reporters in early June. “But we are not going to endanger families or increase surveillance in our country.”

CNN’s Ariane de Vogue contributed to this report.

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