The Trump Administration is Planning to Reject New DACA Applications While The Program is Under Review

Posted on 08/03/20

The Obama-era Deferred Action for Childhood Arrivals program (DACA), which shields undocumented immigrants who came to the United States as minors from deportation will not have any new applications. The Trump administration plans on reviewing the program and limiting the two-year renewal process to one year, which was announced by the Department of Homeland Security late Tuesday. While the administration plans out its next steps, after failing to win favor in the Supreme Court, which rejected the administration’s illegal actions to end the program, the review will buy time for the administration.

The program has been in jeopardy over the last three years when the President announced his plan to end DACA. After several lawsuits, which blocked President Trump’s attempt to end the Obama-era program immediately, which Trump deemed as “unconstitutional” the supreme court rejected the argument made by the administration while requesting additional documents as to why the program should end. The move comes as a series of anti-immigrant actions by The Trump administration throughout the Covid-19 pandemic have limited legal asylum and visa claims.

President Donald Trump claimed late Tuesday, in his coronavirus briefing that he is “going to work with a lot of people on DACA,” when discussing his plans for DACA. “We are going to make DACA happy and the DACA people and representatives happy and we’re also going to end up with a fantastic merit-based immigration system,” Trump said. The announcement by Homeland Security will limit current DACA recipients while excluding those who have yet to apply for the program. In earlier blogs, we discussed a Maryland Judges federal order which would require new DACA applications to be accepted. As the announcement comes on the heels of the federal judge’s decision, the move to reject new applications will most likely face heavy legal challenges. “The administration is now undertaking a comprehensive review of the DACA program and the justifications that have been offered for winding DACA down, including its illegality and the negative effects the program has on what I call ‘immigration behavior,’ including smuggling and illegal crossings,” a senior White House official is quoted to saying.

The administration will reject all new applications, and review on a case by case basis for the renewals of current DACA applications.

The administration also plans to limit the renewal period from two years to one year as the program is under review. The administration’s failure to recognize the large immigrant population that benefits from DACA will prove to be a consequence of its inaction to find a pathway to citizenship for DACA recipients. Immigrant minors who came to the United States deserve the same protections under the constitution as all Americans. The Trump administration should reconsider its attempts to dismantle the program, and possibly gain favor in the immigrant community by allowing a pathway to citizenship for undocumented immigrants. Where the administration has failed, there is still time to make a vital move to protect immigrants in our society. Our firm calls for immediate action by the Trump administration to reverse its anti-immigrant policies and improve the livelihood of all Americans, to build a stronger, and safer America for all.

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