End of the Deferred Action for Childhood Arrivals Program: Some Immediate Takeaways [September 08, 2017]   [open pdf - 129KB]

"On September 5, 2017, the Trump Administration announced that the Deferred Action for Childhood Arrivals (DACA) program would be phased out over a six-month period. Established in 2012 under the Obama Administration, DACA permits qualifying unlawfully present aliens who came to the United States as children to obtain a form of relief known as deferred action and, typically, work authorization for a renewable two-year period. While DACA provides for the deferral of any immigration enforcement action (e.g., removal) against a relief recipient, it does not confer any legal immigration status upon relief recipients. In 2015, a group of states and government officials obtained a preliminary injunction preventing implementation of a 2014 expansion of DACA and a related Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative. The U.S. Court of Appeals for the Fifth Circuit affirmed the injunction and an equally divided Supreme Court upheld this decision without opinion. In June 2017, prior to the district court rendering a final decision on the challenge to the lawfulness of DAPA and the DACA expansion, the Department of Homeland Security (DHS) largely rescinded the memorandums authorizing these initiatives, but announced that the original DACA program 'will remain in effect.' Possibly prompted by the plaintiffs' notice that they would likely amend their complaint to bring a challenge to the original DACA program, when Attorney General Sessions publicly announced the wind-down of DACA, he declared that the initiative 'is vulnerable to the same legal and constitutional challenges that the courts recognized with the DAPA program.'"

Report Number:
CRS Legal Sidebar, September 08, 2017
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
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