[9/5/17] The Trump administration announced Tuesday it would begin to unwind an Obama-era program that allows younger undocumented immigrants to live in the country without fear of deportation, calling the program unconstitutional but offering a partial delay to give Congress a chance to address the issue.
The decision, after weeks of intense deliberation between President Trump and his top advisers, represents a blow to hundreds of thousands of immigrants known as “dreamers” who have lived in the country illegally since they were children. But it also allows the White House to shift some of the pressure and burden of determining their future onto Congress, setting up a public fight over their legal status that is likely to be waged for months.
The Department of Homeland Security said it would no longer accept new applications for Deferred Action for Childhood Arrivals, which has provided renewable, two-year work permits to nearly 800,000 dreamers. The agency said those enrolled in DACA will be able to continue working until their permits expire; those whose permits expire by March 5, 2018 will be permitted to apply for two-year renewals as long as they do so by Oct. 5.
New applications and renewal requests already received by DHS before Tuesday will be reviewed and validated on a case-by-case basis, even those for permits that expire after March 5, officials said. Also, the agency said it will no longer issue "advanced parole" notices allowing DACA recipients to travel abroad and reenter the country.
Trump administration officials cast the decision as a humane way to unwind the program and called on lawmakers to provide a legislative solution to address the immigration status of the dreamers. Senior DHS officials emphasized that if Congress fails to act and work permits begin to expire, dreamers will not be high priorities for deportations — but they would be issued notices to appear at immigration court if they are encountered by federal immigration officers.
Trump had deliberated for weeks as pressure mounted on him to fulfill a campaign promise to end DACA, which he repeatedly called an abuse of executive authority by his predecessor. The president had equivocated since taking office, vowing to show “great heart” in his decision and saying dreamers could “rest easy.”
But a threat from Texas and several other states to sue the administration if it did not end DACA by Tuesday forced Trump to make a decision. Several senior aides, including Sessions, an immigration hard-liner who had said the administration would be unable to defend the program in court, lobbied the president to end DACA. Others, including Chief of Staff John F. Kelly, the former DHS secretary, cautioned that terminating the program would cause chaos for immigrants who enjoy broad popular support.
Sessions wrote a memo Monday calling DACA unconstitutional, leading acting Homeland Security Secretary Elaine Duke to issue a memo Tuesday to phase out the program.
“As a result of recent litigation,” Duke said in a statement, “we were faced with two options: wind the program down in an orderly fashion that protects beneficiaries in the near-term while working with Congress to pass legislation; or allow the judiciary to potentially shut the program down completely and immediately. We chose the least disruptive option.”
House Speaker Paul D. Ryan (R-Wis.), who last week had urged Trump not to end the program until Congress acted, said in a statement that DACA was a “clear abuse of executive authority” by Obama.
“It is my hope that the House and Senate, with the president’s leadership, will be able to find consensus on a permanent legislative solution that includes ensuring that those who have done nothing wrong can still contribute as a valued part of this great country,” Ryan said.
Immigrant rights groups quickly denounced Trump's decision. More than 150 immigration activists protested front of the White House Tuesday morning, calling the president a “liar” and a “monster." Javier Palomarez, president of the U.S. Hispanic Chamber of Commerce, announced he was resigning from Trump's presidential diversity committee over the "disgraceful action."
In a tweet, former vice president Joe Biden wrote: "Brought by parents, these children had no choice in coming here. Now they'll be sent to countries they've never known. Cruel. Not America."
And in a sign of the political nature of the issue, House Minority Leader Nancy Pelosi (D-Calif.) quickly sent out a fundraising pitch to Democratic supporters, calling the decision “quite possibly the cruelest thing President Trump has ever done.”
The president was reportedly torn over the decision, according to White House officials, split between his desire to appear tough on illegal immigration and his personal feelings toward the dreamers, most of whom have lived in the United States most of their lives.
"We will resolve the DACA issue with heart and compassion – but through the lawful Democratic process," Trump said, "while at the same time ensuring that any immigration reform we adopt provides enduring benefits for the American citizens we were elected to serve."
The fight over the dreamers now shifts to Congress to act on a bill to grant them some form of permanent legal status. A bill called the Dream Act that would have offered them a path to citizenship failed in the Senate in 2010. Several new proposals have been put forward, including the Bridge Act, a bipartisan bill with 25 co-sponsors that would extend DACA protections for three years to give Congress time to enact permanent legislation.
*** [9/6/17]
Sessions told Trump he would not defend the DACA program in court. Kelly's solution was to delay the program's end by six months.
*** [9/14/17]
The top House and Senate Democrats said today they had reached agreement
with President Donald Trump to protect thousands of younger immigrants
from deportation and fund some border security enhancements — not
including Trump’s long-sought border wall.
No comments:
Post a Comment