Update—Deferred Action for Childhood Arrivals (DACA); Deferred Action for Parents of Americans & Permanent Residents (DAPA)

President Trump chose the five year anniversary of the creation of Deferred Action for Childhood Arrivals (DACA) to announce that the program will remain in effect. The announcement on June 15, 2017 came as a surprise since one of President Trump’s campaign promises had been to do away with the program. Last August, candidate Trump had proclaimed during a rally in Phoenix that, “We will immediately terminate President Obama’s two illegal executive amnesties, in which he defied federal law and the constitution to give amnesty to approximately five million illegal immigrants.” DACA allows certain undocumented immigrants who entered the country before their 16th birthday and before June 2007 to receive a renewable two-year work permit and exemption from deportation. The program does not provide a path to citizenship, but it does offer non-immigrant legal status to eligible participants. In the same announcement, the Department of Homeland Security (DHS) rescinded the Deferred Action for Parents of Americans & Lawful Permanent Residents (DAPA). The DAPA program had previously been put on hold by the courts. The Trump administration pointed to a number of factors informing its decision, including the exisiting national injunction pertaining to DAPA memorandum, the fact that DAPA never took effect, and the Trump administration’s new immigration enforcement priorities.

For more information, contact SS+D’s Immigration Practice Group at Kulrich@ssdlaw.com, in our Dayton office at 937.222.2052 or in our West Chester office at 513.644.8125.

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