SINCE becoming president, Donald Trump has issued over 20 executive orders (EO) on a wide variety of topics and issues, including immigration. So far, there has not yet been an Executive Order concerning the future of Deferred Action for Child Arrivals (DACA).
However, there have been several draft or leaked memos, which eventually became executive orders. There is one such leaked\draft memo that deals with ending DACA. I emphasize this is only a draft, and may still be revised or changed, and it is not yet in force or official. However, I wanted to give you advanced warning, just in case.
This draft Executive Order states that the two programs established by President Obama, the June 15, 2012 DACA and the November 20, 2014 DAPA programs, “unlawfully provide illegal aliens with affirmative benefits such as lawful presence, work authorization,” etc. Therefore, both the DACA and DAPA programs are rescinded or canceled.
As for work authorizations (EAD) issued under the June 15, 2012 DACA program, they “shall remain valid until the date of expiration and not be extended except where required by law.” In other words, while President Trump will be ending the DACA program, applicants who already have work authorization can use them until they expire, but will not be able to renew them.
It remains unclear if USCIS will continue to process DACA extensions and issue work authorizations for those cases\extensions already filed, but are still pending adjudication. This leaked EO states that the various departments and agencies “shall promptly rescind any orders, rules, regulations, guidelines, or policies implementing or enforcing the DACA or DAPA programs”.
As for what will happen to the approximate 750,000 DACA applicants, or whether they will now be subject to deportation, the memo concludes that nothing in the EO should impair or otherwise affect DHS’s authority “to set enforcement priorities or to exercise prosecutorial discretion on a case-by-case basis, in connection with aliens who received an EAD pursuant to the June 15 memorandum.” I hope this means DHS will conclude that DACA recipients are NOT an enforcement priority (which they should not be, because they have already been fingerprinted and obtained cleared police clearance), and will leave them alone, or will exercise “prosecutorial discretion” to not go after them, and instead DHS should focus on terrorists and felons.
Once again, this is only a draft of an Executive Order. It is not yet official, but this may be what will happen to DACA recipients. When any memo becomes “official,” I will keep my readers informed.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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