Congress Has Six Months to Fix DACA; Trump Tweets Announcement

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DACA is ending, but not without a fight.  President Trump’s administration plans to “rescind” the executive order that protects young undocumented immigrants from deportation, Attorney General Jeff Sessions announced on Tuesday.

Per NBCNews, “I’m here today to announce that the program known as DACA that was effectuated under the Obama administration is being rescinded,” Sessions announced at a press event, calling the program unconstitutional and criticizing it as “unilateral executive amnesty.”

Excerpts are taken from the Attorney General’s Full Statement:

Sessions stated, “As Attorney General, it is my duty to ensure that the laws of the United States are enforced and that the Constitutional order is upheld.”

Sessions continued in reference to the decision on DACA, “In ordering this blanket exception, President Obama was nullifying part of a law that he simply disagreed with… If a president can claim sweeping discretion to suspend key federal laws, the entire legislative process becomes little more than a pretense. The circumvention of the legislative process not only undermines the authority of this branch but destabilizes the tripartite system as a whole.”

Per NBC News, “The administration is giving Congress six months to come up with a fix before the federal government officially stops renewing permits for current DACA recipients.” If Congress does not come up with a “fix,” could the United States deport 800,000 young adults that were brought to the United States illegally as children?

This is what CNN commentators had to say about DACA.

[youtube https://www.youtube.com/watch?v=yzom7OXp5c8&w=854&h=480]

Per NBC NewsWhat is DACA?

“President Obama created the Deferred Action for Childhood Arrivals or DACA, in 2012 through an executive order. The program was created to protect, young undocumented children who were brought to the United States illegally in order to remain in this country. Their parents are illegal immigrants as well, however, only the children received this protection.”

Requirements:

“Applicants cannot have serious criminal histories and must have arrived in the U.S. before 2007, under the age of 16. DACA recipients can live or work legally in the U.S. for renewable two-year periods.”

Who are ‘Dreamers’?

“DACA was created after Congress failed to pass the DREAM Act or the “Development, Relief and Education for Alien Minors Act.” In 2001, Senators Orin Hatch, R-Utah, and Dick Durbin, D-Ill, introduced the DREAM Act, to offer those who came to the U.S. illegally as children the opportunity to potentially gain permanent legal residency.”

In a long lengthy statement, sharply criticizing the White House, Former President Obama writes, Let’s be clear: the action taken today isn’t required legally. It’s a political decision and a moral question. Whatever concerns or complaints Americans may have about immigration in general, we shouldn’t threaten the future of this group of young people who are here through no fault of their own, who pose no threat who are not taking away anything from the rest of us.”

The Former President Obama continued, “It is precisely because this action is contrary to our spirit, and to common sense, that business leaders, faith leaders, economists, and Americans of all political stripes called on the administration not to do what it did. And now that the White House has shifted its responsibility for these young people to Congress, it’s up to Members of Congress to protect these young people and our future. I’m heartened by those who’ve suggested that they should. And I join my voice with the majority of Americans who hope they step up and do it with a sense of moral urgency that matches the urgency these young people feel.”

Per The Hill, “Fourteen states and the District of Columbia filed a lawsuit Wednesday against President Trump’s decision to roll back the previous administration’s Deferred Action for Childhood Arrivals (DACA) program.”

“The president has made numerous statements on the campaign trail and in office disparaging Mexicans,” Washington State Attorney General Bob Ferguson (D) said in announcing the suit, according to The Hill. “We allege the president’s own statements make clear that DREAMers are being targeted based on their national origin.”

Ferguson, New York Attorney General Eric Schneiderman (D) and Massachusetts Attorney General Maura Healey (D) along with Democratic attorneys from the followings states are involved in the lawsuit: Connecticut, New Mexico, Illinois, Hawaii, North Carolina, Oregon, Rhode Island, Delaware, Iowa, Pennsylvania, Virginia, and Washington, D.C.

According to The Hill, the lawsuit, states that Trump’s decision on DACA is arbitrary and capricious, allegations that would violate the Administrative Procedure Act. It will also claim that the administration did not properly lay out its reasoning behind canceling the program, a process claim that would also violate the act.

President Trump tweeted, “I’ll revisit DACA if Congress can’t fix in 6 months.” What does that mean? GCE will periodically update any legal news concerning DACA, when and if there are any significant changes.

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