Jeff Sessions Officially Announces End Of DACA
Update, September 5, 12:12 PM: In his official statement on the matter, President Trump claims he is rescinding DACA because it is a case of executive overreach, and that the Trump administration is making attempts to minimize pain for DREAMers:
Update, September 5, 11:08 AM: At a press conference, Attorney General Jeff Sessions announced that DACA will be rescinded and expire in 6 months. He characterized DACA as a unconstitutional, "unilateral executive amnesty":
Earlier on Tuesday, Trump tweeted that DACA was in Congress' hands:
Previously: On Thursday, McClatchy reported that President Trump was poised to end the Deferred Action for Childhood Arrivals (DACA) program that has shielded undocumented immigrants brought here as children from deportation.
Shortly after the report, White House Press Secretary Sarah Huckabee Sanders told reporters that the President has not made a decision, and still plans on treating Dreamers with "great heart." So what's actually going on with DACA, and why is it coming to a head now?
DACA Started Under President Obama As A Way To Help Children Brought Into The Country By Undocumented Immigrants
DACA is a program stemming from a 2012 executive order signed by President Obama. The order targets DREAMers, undocumented immigrants brought to the US as children who are now asking for a path to citizenship.
In lieu of legislation that would allow for a path to citizenship (The DREAM Act was introduced to Congress in 2001, but has since stalled), Obama signed DACA, which allows DREAMers (that were under 16 when they arrived, came before 2007, and have or are working on a high school diploma) to temporarily gain protection from deportation and attain a two-year, renewable work permit.
According to Vox, 800,000 people have gained protection and work authorization from the program.
Trump Has Gone Back And Forth On Repealing DACA
President Trump has gone back and forth on repealing DACA. During his campaign, Trump repeatedly threatened to repeal DACA. In his June 2015 campaign announcement, Trump threatened to "immediately terminate President Obama's illegal executive order on immigration." In his campaigns official immigration plan, Trump proposed repealing Obama's "executive amnesties." Trump continued to pledge to repeal DACA in campaign rallies.
During his presidency, however, Trump appeared to soften his position on DACA. In January, Trump repeatedly said he would treat DREAMers with "a lot of heart." In an interview with ABC, Trump said DREAMers "shouldn't be very worried… we're looking at this, the whole immigration situation, we're looking at it with great heart."
In a notorious February press conference, Trump appeared to show sympathy for DREAMers, saying "The DACA situation is a very difficult thing for me as I love these kids, I love kids, I have kids and grand kids and I find it very, very hard doing what the law says exactly to do and, you know, the law is rough."
A Group Of Republicans Are Now Threatening Trump With A September 'Deadline'
In 2014, a group of Republican attorneys challenged DAPA, the program that would have extended benefits of the DACA program to the parents of DREAMers. A federal court ruled against DAPA, and was supported in 2016 by tied 4-4 Supreme Court.
Now, a cadre of Republican politicians is using the case to try to force Trump's hand on DACA. In June, the group wrote a letter threatening to challenge DACA on the same grounds if Trump doesn't end the program by September 5th.
The "deadline" is obviously not binding in any sort of way. The challenge itself actually isn't likely to be accepted by the court, The Huffington Post argues:
The Texas "threat" is that, come Sept. 5, if Trump fails to act, Texas will ask the federal district court in Brownsville to allow a pre-existing case against Deferred Action for Parents of Americans (DAPA) to be amended and converted into a challenge to DACA… Even if — in an extraordinary departure from usual federal court procedure — Texas is allowed to amend its case, it would very likely not seek a preliminary injunction, as it had against the yet-to-be-implemented DAPA.
Despite the artificiality of the deadline, it represents what will inevitably be a legal challenge to DACA that Trump will be forced to defend if he doesn't repeal it.
It Appears That Different Factions Are Pulling Trump In Different Directions
On Thursday, CNN reported the Chief of Staff John Kelly, who is supportive of DACA, is advocating that Trump delay the decision. Kelly reportedly wants to seek a legislative replacement for the policy, which he believes would fail in a court challenge.
Despite this McClatchy, CNN and Fox News reported Thursday that Trump is leaning towards phasing out the program.
Adding confusion to the reports, Vice President Mike Pence told ABC Thursday evening that "President Trump has said all along that he's giving very careful consideration to that issue and that when he makes it he'll make it with, as he likes to say, big heart."
On Friday, Speaker Of The House Paul Ryan told a radio station in his home state that he believes that Trump shouldn't repeal DACA, saying that Congress needs to address the issue first.
A Phaseout Wouldn't Be Pretty
A Phaseout of DACA would be devastating in multiple ways. Tyler Moran, managing director of the pro-immigraion D.C. Immigration Hub, tells The Atlantic that a phaseout would result in thousands of people losing their legal status every week on an ongoing basis:
You are talking about 5,000 to 10,000 kids every week losing work authorization, becoming undocumented, and being subject to immigration enforcement and deportation
Because people have been granted their two-year work authorizations at different points in the last several years, there would be a steady steam of DREAMers losing their status for the next two years.
Adding insult to injury, DREAMers would become easy targets for deportation under the Trump Administration:
The Trump administration has eliminated the Obama administration's prioritization system for deportations, meaning every unauthorized immigrant is a potential target. Immigration and Customs Enforcement has already reportedly sought to get its hands on the names and addresses of those registered for DACA. And meanwhile, thanks to Hurricane Harvey, a major city in Dreamer-heavy Texas is underwater. Houston is among the nation's top five cities for DACA recipients.
Aside from the humanitarian concerns for DREAMers, the economy would be effected. A new report finds that repealing DACA would result in thousands of jobs and billions of dollars lost:
An average of 30,000 workers could lose their jobs every month if DACA were repealed or permit renewals were held up, the report found. It also estimated that the loss of those workers could cost the country $460.3 billion in economic output over the next decade, with Medicare and Social Security contributions dropping by $24.6 billion.
Some Congressional Republicans May Join Democrats To Pass The Bridge Act In Response
In the face of an actual DACA repeal, some Congressional Republicans are proposing a legislative solution. The Washington Post reports:
Rep. Mike Coffman (R-Colo.), who represents a Denver swing district, said Thursday that if Trump ends Deferred Action for Childhood Arrivals, or DACA, he would use procedural maneuvers to force a vote on the Bridge Act… Several other Republicans in diverse swing districts… have said they would support seeking protections for DACA recipients.
The Bridge Act, essentially a legislative version of DACA, would need 23 Republican votes along with every Democrat in The House to advance to The Senate. Currently the measure only has 12 co-sponsors.
Democrats have been longtime supporters of similar legislation.
