WASHINGTON (Press Release) – On Tuesday, the Department of Homeland Security (DHS) initiated the orderly wind down of the program known as Deferred Action for Childhood Arrivals (DACA).
“This Administration’s decision to terminate DACA was not taken lightly. The Department of Justice has carefully evaluated the program’s Constitutionality and determined it conflicts with our existing immigration laws,” said Acting Secretary Elaine Duke. “As a result of recent litigation, we were faced with two options: wind the program down in an orderly fashion that protects beneficiaries in the near-term while working with Congress to pass legislation; or allow the judiciary to potentially shut the program down completely and immediately. We chose the least disruptive option.”
On June 29, the attorneys general of Texas and several other states sent a letter to U.S. Attorney General Jeff Sessions asserting that the DACA program is unlawful for the same reasons stated in the Fifth Circuit and district court opinions regarding an expansion of the DACA program and the now-rescinded program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The letter noted that if DHS did not rescind the June 2012 DACA memo by September 5, 2017, the states would seek to amend the DAPA lawsuit to include a challenge to DACA.
Yesterday, Attorney General Sessions sent a letter to Acting Secretary Duke articulating his legal determination that DACA “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress’ repeated rejection of proposed legislation that would have accomplished a similar result. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.” The letter further stated that because DACA “has the same legal and constitutional defects that the courts recognized as to DAPA, it is likely that potentially imminent litigation would yield similar results with respect to DACA.” Nevertheless, in light of the administrative complexities associated with ending the program, he recommended that the Department wind down the program in an efficient and orderly fashion, and his office has reviewed the terms on which the Department will do so.
Based on guidance from Attorney General Sessions, Acting Secretary Elaine Duke today issued a memo formally rescinding the June 15, 2012 memorandum that created DACA, and initiating an orderly wind down of the program. This process will limit disruption to current DACA beneficiaries while providing time for Congress to seek a legislative solution. The details are contained in Acting Secretary Duke’s September 5 memorandum (below) and in our Frequently Asked Questions.
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Rescission of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”
This memorandum rescinds the June 15, 2012 memorandum entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” which established the program known as Deferred Action for Childhood Arrivals (“DACA”). For the reasons and in the manner outlined below, Department of Homeland Security personnel shall take all appropriate actions to execute a wind-down of the program, consistent with the parameters established in this memorandum.
Background
The Department of Homeland Security established DACA through the issuance of a memorandum on June 15, 2012. The program purported to use deferred action—an act of prosecutorial discretion meant to be applied only on an individualized case-by-case basis—to confer certain benefits to illegal aliens that Congress had not otherwise acted to provide by law.[1] Specifically, DACA provided certain illegal aliens who entered the United States before the age of sixteen a period of deferred action and eligibility to request employment authorization.
On November 20, 2014, the Department issued a new memorandum, expanding the parameters of DACA and creating a new policy called Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). Among other things—such as the expansion of the coverage criteria under the 2012 DACA policy to encompass aliens with a wider range of ages and arrival dates, and lengthening the period of deferred action and work authorization from two years to three—the November 20, 2014 memorandum directed USCIS “to establish a process, similar to DACA, for exercising prosecutorial discretion through the use of deferred action, on a case-by-case basis,” to certain aliens who have “a son or daughter who is a U.S. citizen or lawful permanent resident.”
Prior to the implementation of DAPA, twenty-six states—led by Texas—challenged the policies announced in the November 20, 2014 memorandum in the U.S. District Court for the Southern District of Texas. In an order issued on February 16, 2015, the district court preliminarily enjoined the policies nationwide.[2] The district court held that the plaintiff states were likely to succeed on their claim that the DAPA program did not comply with relevant authorities.
The United States Court of Appeals for the Fifth Circuit affirmed, holding that Texas and the other states had demonstrated a substantial likelihood of success on the merits and satisfied the other requirements for a preliminary injunction.[3] The Fifth Circuit concluded that the Department’s DAPA policy conflicted with the discretion authorized by Congress. In considering the DAPA program, the court noted that the Immigration and Nationality Act “flatly does not permit the reclassification of millions of illegal aliens as lawfully present and thereby make them newly eligible for a host of federal and state benefits, including work authorization.” According to the court, “DAPA is foreclosed by Congress’s careful plan; the program is ‘manifestly contrary to the statute’ and therefore was properly enjoined.”
Although the original DACA policy was not challenged in the lawsuit, both the district and appellate court decisions relied on factual findings about the implementation of the 2012 DACA memorandum. The Fifth Circuit agreed with the lower court that DACA decisions were not truly discretionary,[4] and that DAPA and expanded DACA would be substantially similar in execution. Both the district court and the Fifth Circuit concluded that implementation of the program did not comply with the Administrative Procedure Act because the Department did not implement it through notice-and-comment rulemaking.
The Supreme Court affirmed the Fifth Circuit’s ruling by equally divided vote (4-4).[5] The evenly divided ruling resulted in the Fifth Circuit order being affirmed. The preliminary injunction therefore remains in place today. In October 2016, the Supreme Court denied a request from DHS to rehear the case upon the appointment of a new Justice. After the 2016 election, both parties agreed to a stay in litigation to allow the new administration to review these issues.
On January 25, 2017, President Trump issued Executive Order No. 13,768, “Enhancing Public Safety in the Interior of the United States.” In that Order, the President directed federal agencies to “[e]nsure the faithful execution of the immigration laws . . . against all removable aliens,” and established new immigration enforcement priorities. On February 20, 2017, then Secretary of Homeland Security John F. Kelly issued an implementing memorandum, stating “the Department no longer will exempt classes or categories of removable aliens from potential enforcement,” except as provided in the Department’s June 15, 2012 memorandum establishing DACA,[6] and the November 20, 2014 memorandum establishing DAPA and expanding DACA.[7]
On June 15, 2017, after consulting with the Attorney General, and considering the likelihood of success on the merits of the ongoing litigation, then Secretary John F. Kelly issued a memorandum rescinding DAPA and the expansion of DACA—but temporarily left in place the June 15, 2012 memorandum that initially created the DACA program.
Then, on June 29, 2017, Texas, along with several other states, sent a letter to Attorney General Sessions asserting that the original 2012 DACA memorandum is unlawful for the same reasons stated in the Fifth Circuit and district court opinions regarding DAPA and expanded DACA. The letter notes that if DHS does not rescind the DACA memo by September 5, 2017, the States will seek to amend the DAPA lawsuit to include a challenge to DACA.
The Attorney General sent a letter to the Department on September 4, 2017, articulating his legal determination that DACA “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress’ repeated rejection of proposed legislation that would have accomplished a similar result. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.” The letter further stated that because DACA “has the same legal and constitutional defects that the courts recognized as to DAPA, it is likely that potentially imminent litigation would yield similar results with respect to DACA.” Nevertheless, in light of the administrative complexities associated with ending the program, he recommended that the Department wind it down in an efficient and orderly fashion, and his office has reviewed the terms on which our Department will do so.
Rescission of the June 15, 2012 DACA Memorandum
Taking into consideration the Supreme Court’s and the Fifth Circuit’s rulings in the ongoing litigation, and the September 4, 2017 letter from the Attorney General, it is clear that the June 15, 2012 DACA program should be terminated. In the exercise of my authority in establishing national immigration policies and priorities, except for the purposes explicitly identified below, I hereby rescind the June 15, 2012 memorandum.
Recognizing the complexities associated with winding down the program, the Department will provide a limited window in which it will adjudicate certain requests for DACA and associated applications meeting certain parameters specified below. Accordingly, effective immediately, the Department:
- Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents that have been accepted by the Department as of the date of this memorandum.
- Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of this memorandum.
- Will adjudicate—on an individual, case by case basis—properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted by the Department as of the date of this memorandum, and from current beneficiaries whose benefits will expire between the date of this memorandum and March 5, 2018 that have been accepted by the Department as of October 5, 2017.
- Will reject all DACA renewal requests and associated applications for Employment Authorization Documents filed outside of the parameters specified above.
- Will not terminate the grants of previously issued deferred action or revoke Employment Authorization Documents solely based on the directives in this memorandum for the remaining duration of their validity periods.
- Will not approve any new Form I-131 applications for advance parole under standards associated with the DACA program, although it will generally honor the stated validity period for previously approved applications for advance parole. Notwithstanding the continued validity of advance parole approvals previously granted, CBP will—of course—retain the authority it has always had and exercised in determining the admissibility of any person presenting at the border and the eligibility of such persons for parole. Further, USCIS will—of course—retain the authority to revoke or terminate an advance parole document at any time.
- Will administratively close all pending Form I-131 applications for advance parole filed under standards associated with the DACA program, and will refund all associated fees.
- Will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.
This document is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter. Likewise, no limitations are placed by this guidance on the otherwise lawful enforcement or litigation prerogatives of DHS.
[1] Significantly, while the DACA denial notice indicates the decision to deny is made in the unreviewable discretion of USCIS, USCIS has not been able to identify specific denial cases where an applicant appeared to satisfy the programmatic categorical criteria as outlined in the June 15, 2012 memorandum, but still had his or her application denied based solely upon discretion.
[2] Texas v. United States, 86 F. Supp. 3d 591 (S.D. Tex. 2015).
[3] Texas v. United States, 809 F.3d 134 (5th Cir. 2015).
[4] Id.
[5] United States v. Texas, 136 S. Ct. 2271 (2016) (per curiam).
[6] Memorandum from Janet Napolitano, Secretary, DHS to David Aguilar, Acting Comm’r, CBP, et al., “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” (June 15, 2012).
[7] Memorandum from Jeh Johnson, Secretary, DHS, to Leon Rodriguez, Dir., USCIS, et al., “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Whose Parents are U.S. Citizens or Permanent Residents” (Nov. 20, 2014).
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Frequently Asked Questions: Rescission Of Deferred Action For Childhood Arrivals (DACA)
The following are frequently asked questions on the September 5, 2017 Rescission of the Deferred Action for Childhood Arrivals (DACA) Program.
Q1: Why is DHS phasing out the DACA program?
A1: Taking into consideration the federal court rulings in ongoing litigation, and the September 4, 2017 letter from the Attorney General, it is clear that program should be terminated. As such, the Acting Secretary of Homeland Security rescinded the June 15, 2012 memorandum establishing the DACA program. Please see the Attorney General’s letter and the Acting Secretary of Homeland Security’s memorandum for further information on how this decision was reached.
Q2: What is going to happen to current DACA holders?
A2: Current DACA recipients will be permitted to retain both the period of deferred action and their employment authorization documents (EADs) until they expire, unless terminated or revoked. DACA benefits are generally valid for two years from the date of issuance.
Q3: What happens to individuals who currently have an initial DACA request pending?
A3: Due to the anticipated costs and administrative burdens associated with rejecting all pending initial requests, USCIS will adjudicate—on an individual, case-by-case basis—all properly filed DACA initial requests and associated applications for EADs that have been accepted as of September 5, 2017.
Q4: What happens to individuals who currently have a request for renewal of DACA pending?
A4: Due to the anticipated costs and administrative burdens associated with rejecting all pending renewal requests, USCIS adjudicate—on an individual, case-by-case basis—properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted as of September 5, 2017, and from current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018 that have been accepted as of October 5, 2017. USCIS will reject all requests to renew DACA and associated applications for EADs filed after October 5, 2017.
Q5: Is there still time for current DACA recipients to file a request to renew their DACA?
A5: USCIS will only accept renewal requests and associated applications for EADs for the class of individuals described above in the time period described above.
Q6: What happens when an individual’s DACA benefits expire over the course of the next two years? Will individuals with expired DACA be considered illegally present in the country?
A6: Current law does not grant any legal status for the class of individuals who are current recipients of DACA. Recipients of DACA are currently unlawfully present in the U.S. with their removal deferred. When their period of deferred action expires or is terminated, their removal will no longer be deferred and they will no longer be eligible for lawful employment.
Only Congress has the authority to amend the existing immigration laws.
Q7: Once an individual’s DACA expires, will their case be referred to ICE for enforcement purposes?
A7: Information provided to USCIS in DACA requests will not be proactively provided to ICE and CBP for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to ICE under the criteria set forth in USCIS’ Notice to Appear guidance (www.uscis.gov/NTA). This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil, or criminal matter.
Q8: Will USCIS share the personal information of individuals whose pending requests are denied proactively with ICE for enforcement purposes?
A8: Generally, information provided in DACA requests will not be proactively provided to other law enforcement entities (including ICE and CBP) for the purpose of immigration enforcement proceedings unless the requestor poses a risk to national security or public safety, or meets the criteria for the issuance of a Notice To Appear or a referral to ICE under the criteria. This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil, or criminal matter.
Q9: Can deferred action received pursuant to DACA be terminated before it expires?
A9: Yes. DACA is an exercise of deferred action which is a form of prosecutorial discretion. Hence, DHS will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.
Q10: Can DACA recipients whose valid EAD is lost, stolen or destroyed request a new EAD during the phase out?
A10: If an individual’s still-valid EAD is lost, stolen, or destroyed, they may request a replacement EAD by filing a new Form I-765.
Q11: Will DACA recipients still be able to travel outside of the United States while their DACA is valid?
A11: Effective September 5, 2017, USCIS will no longer approve any new Form I-131 applications for advance parole under standards associated with the DACA program. Those with a current advance parole validity period from a previously-approved advance parole application will generally retain the benefit until it expires. However, CBP will retain the authority it has always exercised in determining the admissibility of any person presenting at the border. Further, USCIS retains the authority to revoke or terminate an advance parole document at any time.
Q12: What happens to individuals who have pending requests for advance parole to travel outside of the United States?
A12: USCIS will administratively close all pending Form I-131 applications for advance parole under standards associated with the DACA program, and will refund all associated fees.
Q13: How many DACA requests are currently pending that will be impacted by this change? Do you have a breakdown of these numbers by state?
A13: There were 106,341 requests pending as of August 20, 2017 – 34,487 initial requests and 71,854 renewals. We do not currently have the state-specific breakouts.
Q14: Is there a grace period for DACA recipients with EADs that will soon expire to make appropriate plans to leave the country?
A14: As noted above, once an individual’s DACA and EAD expire—unless in the limited class of beneficiaries above who are found eligible to renew their benefits—the individual is no longer considered lawfully present in the United States and is not authorized to work. Persons whose DACA permits will expire between September 5, 2017 and March 5, 2018 are eligible to renew their permits. No person should lose benefits under this memorandum prior to March 5, 2018 if they properly file a renewal request and associated application for employment authorization.
Q15: Can you provide a breakdown of how many DACA EADs expire in 2017, 2018, and 2019?
A15: From August through December 2017, 201,678 individuals are set to have their DACA/EADs expire. Of these individuals, 55,258 already have submitted requests for renewal of DACA to USCIS.
In calendar year 2018, 275,344 individuals are set to have their DACA/EADs expire. Of these 275,344 individuals, 7,271 have submitted requests for renewal to USCIS.
From January through August 2019, 321,920 individuals are set to have their DACA/EADs expire. Of these 321,920 individuals, eight have submitted requests for renewal of DACA to USCIS.
Q16: What were the previous guidelines for USCIS to grant DACA?
A16: Individuals meeting the following categorical criteria could apply for DACA if they:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching their 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated, or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
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Preceding provided by the Department of Homeland Security
Dear Friends,
“Our nation is composed of good and decent people.” Those were the words of
Attorney General Jeff Sessions as he announced the Trump administration’s proposed end of Deferred Action for Childhood Arrivals (DACA).
This is not the action of good and decent people. Good and decent people
don’t deport children to a foreign country where they may not have relatives or speak the language. Good and decent people don’t rip apart families or force people to live in the shadows. Good and decent people don’t prey on children who were brought to the United States at an age when they had no ability to make such a decision for themselves.
Three quarters of a million young people, our so-called “Dreamers,” could be
thrown into crisis situations where they are forced to leave schools, jobs,
families and the only home they have ever known. President Obama’s
2012 executive order applies to immigrants who came to the U.S before the
age of 16, as children. By targeting nearly 800,000 children and young
people, President Trump has sunk to a new low.
This action is cold-hearted and un-American. We are good and decent people,
and we must stop this.
Please contact your Congressmember today and tell them it’s time to stand
up to a president who’s actions do not reflect the values and traditions of our great nation. Click here to find your Congressmember and send them an email. It will only take a few moments of your time.
Let’s show Donald Trump what it really means to be good and decent people.
Sincerely,
Todd Gloria
DL VOWS TO CHALLENGE PRESIDENT’S DECISION TO REPEAL DACA
New York, NY, September 5, 2017 … The Anti-Defamation League (ADL) today denounced President Trump’s executive action repealing Deferred Action for Childhood Arrivals (DACA). The repeal means that nearly 800,000 undocumented immigrants who were brought to the United States as children will lose the legal protections and work authorization they had gained.
Jonathan A. Greenblatt, ADL CEO, issued the following statement:
We are a nation of immigrants. The lives of hundreds of thousands of young immigrants who were brought to this country as children now hang in the balance. They are some of our best and brightest. They are doctors, lawyers, teachers, and members of the military. They are our neighbors, our friends, and members of our communities. They came out of the shadows, relying on a promise from the federal government that they would be protected. Now they are in danger.
This action by the president and his administration is cruel, unnecessary and inconsistent with the core values of our country. We support an immigration policy that is comprehensive, protects our security, reunites families and improves our economy while honoring our values as a nation of immigrants. We support a bipartisan effort to protect these young immigrants through legislative action and renew our call on Congress to act now.
This step follows a long list of actions and policies by this administration that have deeply hurt immigrants and their families. Less than two weeks ago, President Trump pardoned Joe Arpaio, who created what he himself described as “concentration camps” for immigrants in the Arizona heat.
Earlier this year, the White House issued an executive order withholding federal funds from sanctuary cities, which are trying to build and protect trust between local law enforcement and immigrant communities. One of President Trump’s first acts as president was issuing the so-called Muslim ban, which shut America’s doors to people fleeing for their lives and demonized immigrants and refugees.
San Bernardino, CA – Today, Rep. Pete Aguilar (D-San Bernardino) issued the following statement in response to President Donald Trump’s decision to end the Deferred Action for Childhood Arrivals (DACA) program:
“The president’s decision today to turn his back on the thousands of Dreamers living in our country is nothing short of despicable. For many of these young people, the US is the only home they’ve ever known, and this decision by the president tells them that they are not welcome here. DACA recipients are a part of our communities- they are our teachers and classmates, our coworkers and peers, our neighbors and our friends. To turn our back on them now is absolutely wrong, and I will continue working with my colleagues on both sides of the aisle to find a real legislative solution to ensure that Dreamers can find success here in the United States.”
Rep. Aguilar is a tireless advocate for immigrants’ rights, and has worked throughout his time in Congress to come up with bipartisan solutions for the country’s broken immigration system. Earlier this year, he introduced an amendment to the Financial Services and General Government Subcommittee appropriations bill to allow DACA recipients to be eligible for federal employment. Rep. Aguilar’s amendment passed unanimously by voice vote and was added to the Financial Services and General Government Subcommittee appropriations bill before being stripped out by Republican leadership.
Donald Trump just sent Jeff Sessions in front of reporters to announce an end to DACA. He didn’t even have the courage to tell us himself.
The decision to throw 800,000 young people who came to the U.S. as children into legal jeopardy is despicable and immoral. Our Revolution believes that no human being is illegal. We need a path to citizenship not only for DREAMers, but all 11 million undocumented people living in the shadows today. When we bring people together and build stronger communities, everyone benefits.
It’s up to Congress to act and protect the DREAMers who came out of the shadows in the good faith of a government now threatening to betray them. Please call your member of Congress and tell them to pass protections for DACA recipients NOW.
There is a bipartisan consensus that DACA should be protected. It includes the most conservative and most progressive members of Congress. That’s why your action is so important.
Call your member of Congress to protect DACA recipients, and all those who are vulnerable, from deportation.
In solidarity,
Erika Andiola
Political Director
Our Revolution
DACA Recipient
Rep. Susan Davis Statement on Trump Ending DACA
WASHINGTON – Congresswoman Susan Davis (D-San Diego), ranking member of the Subcommittee on Higher Education and Workforce Development, released the following statement on President Trump ending the Deferred Action for Childhood Arrivals (DACA) policy.
“By ending DACA, President Trump ignores the Dreamers’ economic impact to our country. He has not only put them at risk, but our economy at risk as well. While it’s sad that Trump is siding with the worst elements of his administration, it’s not surprising given his past rhetoric on immigration.
“DACA has been a rousing success. Many Dreamer kids in the workforce are earning high wages – an average of $17 per hour. Nearly half of Dreamers are attending school. Over the next decade, Dreamers are expected to contribute half a trillion in economic activity. The Dreamers are contributing to America in a positive way and they should be allowed to keep contributing.”
Jewish Council for Public Affairs Strongly
Opposes the Administration’s Repeal of DACA
New York, NY – The Jewish Council for Public Affairs (JCPA) strongly opposes the Administration’s decision to repeal the Deferred Action for Childhood Arrivals (DACA) program, revoking protections for nearly 800,000 people who are now at risk of deportation and separation from their families.
Since 2012, the DACA program has enabled eligible undocumented young people brought to this country as children to voluntarily come forward and pass background checks in exchange for permission to live and work in America without fear of deportation. Ending this protection will inflict needless suffering, separating families and costing our national economy an estimated $460 billion over the next decade.
The Jewish community has a long history of active engagement in supporting new immigrants and developing our nation’s immigration policy. We believe that Congress must enact a permanent solution and we call on lawmakers to act immediately to protect immigrant youth by passing the “Dream Act of 2017,” bipartisan legislation that would replace fear and uncertainty with permanent protection.
“Our government made a promise to protect these young people who were brought to this country as children, who know no other country but the United States, and who seek only to live and work without fear,” said David Bernstein, President and CEO of JCPA. “It is both our civic and moral duty to uphold that promise.”
Washington, D.C. – The National Association of Latino Elected and Appointed Officials (NALEO) today issued the following statement in strong opposition to President Donald J. Trump’s decision to end the Deferred Action for Childhood Arrivals (DACA) program:
“The National Association of Latino Elected and Appointed Officials (NALEO) is deeply concerned by the chain of events that President Donald J. Trump has put in motion by ending the Deferred Action for Childhood Arrivals (DACA) program.
“The DACA program embodied the ideals and values we treasure as a nation, allowing young individuals who were brought to this country through no fault of their own to come into the light, work hard, and contribute meaningfully to our economy and society.
“By eliminating this program, President Trump is turning his back on the wealth of talent and skills that the more than 800,000 young hard-working Americans enrolled in DACA bring to this nation. These young individuals will now be forced to live their lives in limbo and constant fear for simply trying to pursue the American Dream. This insensible act puts in place a new reality for these young immigrants and all Americans, and sends a clear message to the rest of the world that our nation is no longer welcoming to immigrants.
“From here on out, students furthering their education who know no other home than the United States will be forced to look over their shoulders as they head to class. Members of our Armed Forces who put their lives on the line defending our nation will now have to worry about one day returning from a deployment and finding immigration officers at their doorstep. Business-owners and organizations like NALEO Educational Fund who employ talented employees that have become invaluable members of their staff will wonder if there may come a day when their colleagues will not return to the office after a lunch or coffee break.
“This decision ultimately harms all of the American people. As lawful members of the nation’s workforce, DACA recipients have earned higher wages, generated millions of dollars in increased tax revenue, and boosted economic growth. A recent survey from the University of California San Diego and National Immigration Law Center found that at least 72 percent of the top 25 Fortune 500 companies have employed DACA recipients.
“As a leadership organization that represents the nation’s more than 6,100 Latino elected and appointed officials, we know firsthand how important it is that the leaders who are on the frontlines of their communities dealing with the aftermath of this decision have access to the information and resources that will allow them to effectively serve their constituents.
“NALEO will not turn away from for our leaders and the Latino community as we approach the difficult road that lies ahead. Our toll-free bilingual hotline 844-411-DACA (844-411-3222)* will be activated immediately to help ensure that the thousands of individuals in need are able to be connected to real-time information and legal resources in their communities.
“While we are saddened that this moment has come for our nation’s DACA recipients, we are proud to see our partners, sister organizations and supporters come together for the good of the community during this time of crisis. We will continue to serve as a voice for the Latino and immigrant community in the midst of an increasingly hostile environment, but we know that the best means of ensuring that the most vulnerable among us are protected is an overhaul of our nation’s broken immigration system.
“The time for comprehensive immigration reform has never been greater, and we will continue to work toward that end for the good of the nation and the Latino community.”
*The NALEO Educational Fund 844-411-DACA (844-411-3222) national bilingual toll-free hotline will be in operation Monday-Friday from 8 a.m.–5 p.m. PT.
FOR IMMEDIATE RELEASE
CAIR Condemns Trump’s Termination of DACA Program as ‘Pandering to Anti-Immigrant Extremists’
(WASHINGTON, D.C., 9/5/17) — The Council on American Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today condemned President Trump’s termination of the Deferred Action for Childhood Arrivals (DACA) program as “pandering to the demands of anti-immigrant extremists.”
DACA is the Obama-era federal administrative relief from deportation policy that protects the rights of some 800,000 undocumented young people, commonly referred to as “Dreamers,” brought to the United States as children.
Attorney General Jeff Sessions announced in a press conference this morning that the DACA program is “being rescinded.” Sessions said the Department of Homeland Security would begin a “wind down” of DACA.
In a statement, CAIR National Executive Director Nihad Awad said:
“The American Muslim community and CAIR stand with the 800,000 undocumented young people who were brought to our nation as children, who call the United States home and whose only dream is to come out of the shadows and to stay where they belong.
“By terminating DACA, even with a six-month delay or ‘wind down,’ President Trump is pandering to the demands of anti-immigrant extremists and harming our nation by targeting some of the most dynamic and success-oriented members of society. In practical terms, the ‘delay’ in implementing the termination is meaningless for the vast majority of Dreamers and will inevitably result in chaos in their lives.
“These young Dreamers deserve the chance to work and study — and to be protected from deportation — while Congress debates broader legislation to fix our broken immigration system.
“President Trump’s heartless action will only serve to create fear and anxiety for the Dreamers and their loved ones, and will force them back to living in the shadows, rendering them unable to contribute to our nation’s economy.
“CAIR encourages state and local officials across the nation to enact policies prohibiting discrimination based on citizenship status and to offer sanctuary and support for Dreamers.
“American Muslims will continue to push for measures that protect undocumented youth and support comprehensive immigration reform – reform that includes a roadmap to citizenship for the nation’s 11 million undocumented residents.”
Last week, CAIR National Board Chair Roula Allouch joined more than 1,860 fellow leaders in signing a new “We are with Dreamers” statement calling on President Trump to preserve the DACA program and for Congress to pass a standalone version of the bipartisan Dream Act of 2017.
SEE: CAIR National Board Chair Roula Allouch Joins More Than 1,860 American Leaders in Declaring “We are with Dreamers”
CAIR recently issued an action alert urging all Americans to call the White House and demand that the president uphold immigration protections for Dreamers.
CAIR Action Alert: Call White House Today – Protect DACA – Support Dreamers
SAN DIEGO – Today, U.S. Congressman Scott Peters (CA-52) slammed the announcement from the Trump Administration that the Deferred Action for Childhood Arrivals, or DACA, program will be rescinded in six months, with new applications being halted immediately. The program has allowed nearly 800,000 immigrants who arrived in the United States as young children to live openly and contribute to their communities and the economy without fear of deportation. Today’s announcement has already been strongly criticized by the U.S. Chamber of Commerce, the National Association of Manufacturers, Microsoft, and other large employers for its cruelty and because it will wreak havoc on the American workforce and economy.
San Diego County has the seventh largest population of DACA-eligible residents of any county in America, with an estimated 38,000 San Diegans who are currently eligible or could be in the future. To be eligible for DACA, an individual must: have been brought to the United States before they were 16 years old; have maintained continuous residence here since 2007; be attending school; have earned a high school diploma or equivalent, or have been honorably discharged from military service; and not have been convicted for a felony or three or more misdemeanors. DACA applicants, or DREAMers, must pay nearly $500 to apply and receive a background check and fingerprinting.
Rep. Peters released the following statement:
“President Trump, in a display of total and complete cowardice, has outsourced the announcement to end DACA to the Attorney General – a remarkable abdication of responsibility for the heartlessness of an action that leaves 800,000 lives in the balance.
“Ending DACA is unbelievably cruel and it is un-American. It will also immediately damage our economic interests.
“Expelling hundreds of thousands of people who have known no home but the United States makes us weaker and diminishes our standing in the eyes of the world.
“Failures in leadership have led us to this point. Republicans in Congress refused to even allow a vote on comprehensive immigration reform in 2013 that would have protected DREAMers, which is what led to the creation of DACA in the first place.
“Facing this urgent deadline, Congress must finally step up, work together, and do its job. We must move swiftly to protect DREAMers and provide them and their employers with the certainty they deserve. If Congress does not act by March 6th, 2018, it is complicit in this economic and moral catastrophe.”
SACRAMENTO – (Tuesday, September 5, 2017) – California State Assemblywoman Lorena Gonzalez Fletcher made the following statement following President Trump’s decision today on the Deferred Action for Childhood Arrivals (DACA) program, also known as the Dreamers law.
“It’s hateful. It’s vicious. It’s cruel. It’s disgusting. My heart breaks for the hundreds of thousands of people who are now forced to cope with this living nightmare. I can only pray Congress musters some basic human decency and prevents this horrific policy from becoming reality.”
Washington, DC – Today, Congressman Correa released the following statement on the end of DACA.
Rep. Correa stated,
“Today is a dark day in America. The only crime DACA students are guilty of is aspiring for the American Dream. They have studied and worked hard to become contributing parts of their communities and our country. Even our private sector leaders support them.
We must keep fighting and keep hope alive. I hope the President will not go after children, and will reconsider his decision. The President needs to consider the lives he will destroy and the economic damage he will inflict if DREAMers are not protected. They are Americans in every sense of the word.”
Donald Trump just rescinded DACA. Nearly 800,000 DREAMers now face the possibility of being torn from their families and thrown out of the only country they have ever called home.
This decision is morally repugnant. It is rooted in prejudice and goes against our most fundamental values.
If America is a “shining city on a hill,” then Donald Trump keeps trying to snuff out the light.
As Trump tries to trample on the American Dream, Democrats will continue to fight for the immigrant families who contribute to our country every day….
To all those who are afraid for themselves or their loved ones because of Donald Trump’s actions today, know that we are with you and we will never stop fighting for you. Together, let’s rise and organize.
Tom
Tom Perez
Chair
Democratic National Committee
Stosh Cotler, CEO of Bend the Arc Jewish Action, released the following statement:
“President Trump has threatened to end DACA – to target hundreds of thousands of long-term residents of the United States for deportation, even though they were brought here as children and have built their lives here. This would be heartbreaking, but not surprising.
His rhetoric about immigrants has been consistently cruel from the beginning. Now, emboldened by the ascendancy of white supremacy in the public sphere, he is escalating into ever more explicit racism.
There is no possible moral, economic or public safety justification for victimizing these DREAMers. They are our neighbors, classmates, colleagues, and friends. Deporting and detaining them will only harm our communities — and Congress will be enabling this terrible situation if it approves Trump’s funding request for an expanded deportation machine. Jewish Americans know this is a moment of truth for any elected official with a moral compass and common sense – and will hold their leaders accountable for their actions or inaction in response to this provocation.
President Trump has shown this country exactly who he is. But members of Congress must reject his hatred, and choose a side. Whether the President abandons DREAMers or not, Congress can – and must – immediately pass the bipartisan DREAM Act, while ensuring that other immigrants aren’t harmed in the process by increased funding deportations, detentions, or the border wall. This is Congress’ chance to be on the right side of history.”
Gavin Newsom for Governor:
Here’s what I think of Trump’s decision to end DACA: The only people who benefit from ending DACA are bigots and the politicians who egg bigots on. Slamming the door on a young person’s dreams is not presidential, it’s inhumane. And Congress has a moral obligation to make this program permanent before Trump’s cruel, pointless decision can ruin any more lives.
Since Trump has made his ignorance of immigration policy crystal clear, let’s reiterate the basics. DACA provides protections to undocumented folks who were brought to the U.S. as children – including 223,000 in California. And these DREAMers are among the best of us. They’re people with spotless records who are working hard to support and improve their communities. They pay taxes. They go to school. America is their home.
These are facts. But yet again, too many people are ignoring the truth. And why? So Trump can turn real people’s lives into a game show cliffhanger?
Right and wrong still mean something, and we’re going to keep fighting for what’s right. Here’s two ways you can keep up that fight right now:
1. Call your Representatives and Senators. Dial the Capitol switchboard, ask for your Rep., and tell them to make DACA permanent: 202-224-3121
2. Tweet your elected officials – it seriously does make a difference. There’s a list of every member of Congress’ handle here – tag them and use the hashtag #DefendDACA: https://twitter.com/cspan/lists/members-of-congress/members
And to any young undocumented immigrants reading this, please know: We see you. We value you. And we’re ready to fight like hell for you. Stay strong.
Ameinu issued the following news release:
“The Trump Administration’s decision today to end Delayed Action for Childhood Arrivals (DACA) is an inhumane act that runs completely counter to our core values as Jews, Americans and Zionists,” declared Kenneth Bob, National President of Ameinu, the largest grassroots Progressive Zionist movement in North America.
DACA was created in 2012 through an Executive Order from President Barak Obama. Today’s decision to end DACA means that over 800,000 young people – brought to the United States without authorization while under the age of six — will lose protection from deportation and authorization to work legally. “President Trump, Attorney General Sessions and others in the Administration have shamed our country, justifying this cruel act by maligning DACA recipients as criminals — a claim which is contradicted by the rigorous vetting criteria of the DACA program,” Bob declared.
“Ameinu is animated by the core Jewish value of justice for the stranger living among us, Zionist ideals that newcomers are essential in building their new land and America’s identity as a nation of immigrants seeking safety and opportunity. In the stories of the DACA recipients we see powerful echoes of our own immigrant ancestors, as well as the waves of migrants who have created Israel and fulfilled the promise of Zionism,” said Gideon Aronoff, Ameinu’s CEO.
“As supporters of Comprehensive Immigration Reform and the DREAM Act, both proposals which would legislatively address the cause of DACA recipients, Ameinu has long called for the U.S. House and Senate to pass legislation on this issue. Since president Trump’s DACA decision punts on justice, giving congress six months to solve the problem before the order goes into effect, Ameinu insists that our elected officials rise to this challenge and act now to protect the DACA youth. We will be working during this window of opportunity to hold their feet to the fire,” Aronoff concluded.
About Ameinu:
Ameinu, the leading progressive Zionist membership organization in the United States, is dedicated to promoting a negotiated peace between Israel, the Palestinians and the Arab states, and to social and economic justice for all in Israel, America and around the world.
Ameinu reinforces Jewish continuity through support for Habonim Dror, the Labor Zionist youth movement, and management of the Kibbutz Program Center which sends 100’s of young adults on unique Israel experiential journeys every year.
Statement by Councilmember Barbara Bry on Trump Administration’s Decision
to End Deferred Action Childhood Arrival Program
Today’s decision by the Trump administration to rescind the DACA program is both callous and short-sighted. The roughly 800,000 Dreamers who live in this country contribute to our economy, our communities, and the future of our nation. The 40,000 San Diegans who are eligible for DACA have families here and are a part of the fabric of our local community. To heartlessly open these young people up to deportation is to forget that our country was built on the hard work and aspirations of immigrants. I stand firmly against any action to deport Dreamers, and I will advocate for the protection of DACA by Congress.
SACRAMENTO, Calif. – Insurance Commissioner Dave Jones issued the following statement condemning President Trump’s decision to terminate the Deferred Action for Childhood Arrivals (DACA) program in six months:
“President Trump’s most recent cruel and outrageous decision to end DACA in six months will result in the deportation of as many as 800,000 Dreamers. The golden state is home to the largest number of Dreamers at 220,000. They came to California as children, attend school, college, hold jobs, and contribute to California communities and our economy in meaningful ways. It is heartless for President Trump to ignore those contributions and their dreams by deporting them. California will continue to resist this most recent Trump administration policy seeking to further divide us and deport Californians who have committed no crimes but simply came to our state as children.”
From Michael Hopkins, CEO, Jewish Family Service of San Diego
Jewish Family Service of San Diego (JFS) believes that terminating Deferred Action for Childhood Arrivals (DACA), revoking the legal status of almost 800,000 children and young adults, is cruel and unnecessary. It is also destructive to the economy and community in San Diego County, as well as the U.S. overall.
Congress must act immediately to pass the DREAM Act (Sen. Lindsey Graham, R-SC, and Sen. Dick Durbin, D-IL), which allows individuals under the DACA program, also known as “Dreamers,” to be legally and permanently in the U.S., without conditions, trade-offs, or punishments for anyone, so that they can continue to go to school, work and meaningfully contribute to society.
DACA allows immigrants who came to the U.S. under the age of 16 – many who know no other home – to be considered for legal immigration status and not be deported. All applicants are thoroughly vetted and must be students or have completed high school or military service, and not pose a threat to national security or public safety.
Since the inception of DACA in June 2012, Jewish Family Service has assisted with more than 250 DACA applications and renewals, including 23 currently pending applications before USCIS. JFS is conducting an info. session for clients to discuss post-DACA FAQ and other forms of immigration relief.
DACA is a widely popular policy with bipartisan support. Dreamers are productive members of society, with 95 percent enrolled in college, the military or workforce. With the seventh largest population of DACA eligible residents of any U.S. county (38,000 San Diegans), San Diego County will greatly suffer with DACA’s termination.
In carrying out the tradition of “Welcoming the Stranger,” JFS affirms its Jewish values and honors the U.S.’s history as a nation established by refugees and built by generations of immigrants. Dreamers strengthen our social fabric and make San Diego more prosperous and competitive in a changing world.
To voice support for the DREAM Act, contact Congress now via https://dreamacttoolkit.org.
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The Simon Wiesenthal Center believes that the United States Congress has an http://www.wiesenthal.com/atf/cf/%7B54D385E6-F1B9-4E9F-8E94-890C3E6DD277%7D/USCIS_DACA.jpgobligation to pass legislation that would enable the 800,000 young people who were allowed to remain in the US as a result of President Obama’s executive action several years ago.
“While we understand that US borders must be secured, we believe it would be immoral to make a promise to these young people and then put them in legal limbo,” said Rabbis Marvin Hier, founder and dean, and Abraham Cooper, associate dean and global social action director. “The US made a promise, it should honor that promise,” they added.