Thread: Rescission of Memorandum Providing for Deferred Action for Parents of Americans and L

Rescission of Memorandum Providing for Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”)

Release Date:
June 15, 2017

On June 15, Department of Homeland Security Secretary John F. Kelly, after consulting with the Attorney General, signed a memorandum rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) because there is no credible path forward to litigate the currently enjoined policy.

The rescinded memo purported to provide a path for illegal aliens with a U.S. citizen or lawful permanent resident child to be considered for deferred action. To be considered for deferred action, an alien was required to satisfy six criteria:

(1) as of November 20, 2014, be the parent of a U.S. citizen or lawful permanent resident;

(2) have continuously resided here since before January 1, 2010;

(3) have been physically present here on November 20, 2014, and when applying for relief;

(4) have no lawful immigration status on that date;

(5) not fall within the Secretary’s enforcement priorities; and

(6) “present no other factors that, in the exercise of discretion, make [ ] the grant of deferred action inappropriate.”

Prior to implementation of DAPA, twenty-six states challenged the policies established in the DAPA memorandum in the U.S. District Court for the Southern District of Texas. The district court enjoined implementation of the DAPA memorandum, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s decision, and the Supreme Court allowed the district court’s injunction to remain in place.

The rescinded policy also provided expanded work authorization for recipients under the DACA program for three years versus two years. This policy was also enjoined nationwide and has now been rescinded.

The June 15, 2012 memorandum that created the Deferred Action for Childhood Arrivals (DACA) program will remain in effect.

For more information, see our frequently asked questions.

https://www.dhs.gov/news/2017/06/15/...ans-and-lawful

Trump scraps Obama policy that protected immigrant parents from deportation

Published June 16, 2017
Fox News

President Trump signs an executive order at the White House in Washington.

President Trump signs an executive order at the White House in Washington. (Reuters)

An Obama-era immigration program intended to protect parents of U.S. citizens and legal residents from deportation has been formally cancelled, fulfilling a key campaign promise from President Trump, the Homeland Security Department announced late Thursday.

Homeland Security John Kelly formally revoked a policy memo that created the Deferred Action for Parents of Americans program. The revocation came on the fifth anniversary of another effort that has protected hundreds of thousands of young immigrants from deportation.

The program to protect parents was announced by President Obama in November 2014 but was never fully launched because it was blocked by a federal court, according to Reuters.

It was intended to keep the immigrant parents safe from deportation and provide them with a renewable work permit good for two years, but it was blocked by a federal judge in Texas after 26 states filed suit against the federal government and challenged the effort’s legality.

Republicans decried the effort as “backdoor amnesty” and argued that Obama overstepped his authority by protecting a specific class of immigrants living in the United States illegally.

The protection program for parents, like the one for young immigrants, was created with a policy memo during the Obama administration. Both programs required that participants meet certain conditions, including not having a criminal history. As part of the expansion to protect immigrant parents living in the United States illegally, the Obama administration also sought to provide the young immigrants with work permits good for three years at a time. That provision was also blocked by the Texas judge.

Revoking the memo and ending the stalled program fulfill a key campaign promise by Trump, who pledged to “immediately” cancel both efforts. Trump has not said what he plans to do about the Deferred Action for Childhood Arrivals program, but so far most immigrants protected by the effort have not been targeted by stepped-up efforts to find and deport immigrants living in the country illegally. As of March 31, about 787,000 young immigrants have been approved for the Deferred Action for Childhood Arrivals program, according to government data.

Arrests of immigrants in the interior of the country have increased under the Trump administration, but deportations are slightly down as fewer people have been caught crossing the Mexican border into the United States illegally.

Trump has made immigration enforcement a top priority and has vowed to continue a crackdown on those living in U.S. illegally and those trying to sneak into the country.

Reuters reported that Trump previously said that his administration was considering different options.

“They shouldn’t be very worried,” Trump told ABC News in January, referring to DACA recipients. “I do have a big heart.

The Associated Press contributed to this report

http://www.foxnews.com/politics/2017...portation.html