The Trump administration on Tuesday announced the “orderly wind down” of the Obama-era program that gave a deportation reprieve to illegal immigrants who came to the U.S. as children – putting pressure on Congress to come up with a legislative alternative.
The Department of Homeland Security formally rescinded the Deferred Action for Childhood Arrivals program, known as DACA, with a six-month delay for current recipients. According to Acting Homeland Security Secretary Elaine Duke, the interval is meant to give Congress “time to deliver on appropriate legislative solutions.”
“However, I want to be clear that no new initial requests or associated applications filed after today will be acted on,” Duke said in a written statement.
Attorney General Jeff Sessions, speaking to reporters, blasted the Obama administration's "disrespect for the legislative process" in enacting the 2012 policy. He said the “unilateral executive amnesty” probably would have been blocked by the courts anyway.
“The executive branch, through DACA, deliberately sought to achieve what the legislative branch specifically refused to authorize on multiple occasions,” Sessions said, blaming the policy for the recent “surge” at the border. “Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the executive branch.”
A day earlier, Sessions sent Duke a letter with his legal determination that the 2012 executive action was unconstitutional.
The Trump administration was facing a Tuesday deadline to make a decision on DACA or face legal action by Republican state AGs who hoped to force the president’s hand in discontinuing the program.
Administration officials cast their approach Tuesday at the least disruptive option.
During the 2016 presidential campaign, Trump had promised to terminate DACA, though he appeared to soften his stance since taking office. In ending the program with a six-month delay, Trump put the onus on Congress to pass a legislative fix.
According to DHS, no current beneficiaries will be impacted before March 5, 2018.
“Congress, get ready to do your job - DACA!” Trump tweeted Tuesday morning.
In this Aug. 15, 2017, file photo, a woman holds up a signs in support of the Obama administration program known as Deferred Action for Childhood Arrivals, or DACA, during an immigration reform rally at the White House in Washington. (AP Photo/Jacquelyn Martin, File)
While some Republicans support the goals of the DACA program, many opposed the use of executive action to institute it, describing the move as a presidential overreach.
Sen. Lindsey Graham, R-S.C., is among those who now supports the call to protect so-called “Dreamers” with legislation.
“I have always believed DACA was a presidential overreach,” he said in a statement. "However, I equally understand the plight of the Dream Act kids who -- for all practical purposes know no country other than America. If President Trump makes this decision we will work to find a legislative solution to their dilemma.”
On a conference call, administration officials said Tuesday they are still prioritizing criminal aliens for deportation. But they described the original DACA criteria as very broad and cited the legal determination of the Justice Department.
During the presidential campaign, Trump referred to DACA as “illegal amnesty.” However, he seemed to edge away from that stance in April when he told the Associated Press that DACA recipients could “rest easy.”
The DACA program was formed through executive action by former President Barack Obama in 2012, allowing recipients to get a deportation reprieve – and work permits – for a two-year period subject to renewal. Under the program, individuals were able to request DACA status if they were under the age of 31 on June 15, 2012, came to the U.S. before turning 16 and have continuously lived in the country since June 15, 2007. Individuals must also have a high school diploma, GED certification, been honorably discharged from the military or still be in school. Recipients cannot have a criminal record.
Congress had been considering legislation to shield young illegal immigrants from deportation for years, dating back to the George W. Bush administration. Lawmakers tried again to pass a bill during the Obama administration, but couldn’t muster the votes amid flagging Republican support before Obama formed the program in 2012.
Nearly 800,000 undocumented youth are currently under the program's umbrella.
On Friday, House Speaker Paul Ryan, R-Wis., said he supported a legislative solution to protect undocumented minors, but also urged the president to reconsider scrapping DACA.
"I actually don't think he should do that and I believe that this is something that Congress has to fix," Ryan said on radio station WCLO.
Impeachment is supposed to stop these morons. Why doesn't anyone do it?
Why do they ALL act so helpless?
The Courts have created a Constitutional Crisis... ruling that an illegal EO must be enforced. The President has a DUTY to the people and Constitution to ignore the Court's orders and end DACA.
President Trump has a Constitutional duty to ignore the Court's orders... by ending DACA. If the bureaucracy refuses his order, he must act to remove them. This will cause Congress to either IMPEACH Pres. Trump or to AMEND the current immigration law... thus, lawfully permitting deportation waivers for those eligible under DACA. Failure to do either will result in Trump's orders to end DACA being enforced.
The onus is now on Pres. Trump... he must decide to enforce the Constitutional rule of law or capitulate to the leftist judiciary and the courts. Failure to enforce Constitutional limits on the courts, will set a very, very, bad precedent, undermining our Constitution and the Republic.
The courts have created a constitutional crisis by ruling that DACA must be enforced. They have ruled that an ILLEGAL EO must take precedence over the controlling law... the Immigration and Naturalization Act which requires DACA recipients to be deported...
As President... Trump... SHOULD order DACA removed from the administration of our Immigration system... as it is clearly an illegal order. If he fails to do so he is as guilty as the Courts for abusing the Constitution... and should be impeached for enforcing DACA. The Courts have forced Trump into a very bad position. He must either enforce their ruling and violate the underlying law or refuse to obey their ruling and enforce the laws of the United States.
The choice should be clear... The President must enforce the law as written and historically enforced... by deporting... the illegal aliens who had received a waiver from deportation under the DACA EO. The rule of law is at stake here and Pres. Trump needs to do what is right... deport the illegals who are in the US under DACA waivers.
Executive Orders, Regulations, Policy Memoranda... and other administrative acts which subvert our Immigration and Naturalization law are ILLEGAL. These Administrative actions must not be supported by the President or the Bureaucracy.
The DEEP STATE is, in fact, breaking our laws... and the Courts, in many cases, are supporting such illegal actions. Pres. Trump must be willing to CREATE A CONSTITUTIONAL CRISIS's where such blatant disregard for the rule of law exists. He must refuse and resist the illegal use of ADMINISTRATIVE ORDERS and BOGUS REGULATIONS which contradict the Statutory Law on their face.
Pres. Trump may need to order the deportation of MILLIONS... He needs to pursue the bureaucrats and DOJ professionals who refuse to follow his orders FIRING physically removing them from office where necessary. We are a nation in crisis and the Pres. must act to restore Constitutional and Statutory Law. This may result in his Impeachment and a battle in the public domain to defeat such an action by the President and his supporters.
Obama the big mouth seems to have much to say about the Ex Order over-reach and criminal action he created by creating DACA. LAW IS NOT WRITTEN IN THE WHITE HOUSE.
HEY OBAMA...YOU IDIOT---- IT WAS SLATED TO GO TO COURT AND BECAUSE ITS NOT LAW IT WOULD HAVE BEEN OVERTURNED.
GOOD THING TRUMP DID IT THE WAY HE DID.
WE ARE AT THIS POINT IN AMERICA BECAUSE OF OBAMA AND HIS LAW BREAKING OVER-REACH. OBAMA THE CRIMINAL BROKE FEDERAL LAW WITH DACA!
Offer them a green card ONLY! No citizenship - No voter rights.
Yes by O's own admission the action was UNCONSTITUTIONAL and a TEMPORARY fix. Why the fake outrage at Trump ending it?!
Green card recipients can be naturalized U.S. citizens after five years; I think.
Exactly David... a Green Card is a pathway to citizenship. Deport these economic interlopers and stop messing around with the courts... Trump needs to use his Executive Powers to enforce the LETTER OF THE LAW...not the illegal orders of some federal justice... orders, that clearly violate the statutory laws of the United States.
Let Congress try to IMPEACH Pres. Trump for deporting illegals... we are not going to have Constitutional order until Trump is willing to challenge the unconstitutional acts of the courts and Congress... by creating a Constitutional Crisis. An election year is just the right moment for such a confrontation. Pres. Trump must appeal to the people, too have those members of Congress supporting illegal aliens called to record and voted out of office... for attempting to IMPEACH/remove a President enforcing the letter of the law.
It appears that creating a Constitutional crisis may be the only way to save our constitution... forcing a showdown between the people's champion, the President, and the Courts/Congress. It will take BOLD STEPS as the people have let this matter go too far... the Courts are routinely rewriting the Constitution and STATUTORY LAW... this must be stopped.
green card. how bout a one way tkt back home.