Trump Administration Keeps DACA in Place But Revokes DAPA

By Yessenia Funes Jun 16, 2017

The Department of Homeland Security (DHS) ended the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program yesterday (June 15)—before undocumented parents had a chance to take advantage of it.

The program was created under former President Barack Obama with the intention to protect from deportation an estimated 3.5 million undocumented parents of children who are either citizens or permanent residents, while providing them a two-year renewable work permit. However, it remained in the throes of litigation after 26 states (following Texas’ lead) argued that Obama didn’t have the authority to implement such policy.

Homeland Security Secretary John F. Kelly rescinded Obama’s DAPA memo by signing his own memo. This leaves the case, United States v. Texas, in a questionable state before the Fifth Circuit. What’s more, this move under the Trump administration came on the fifth anniversary of DAPA’s sister policy, Deferred Action for Childhood Arrivals (DACA). This program also came about under Obama and provides deportation protection and work authorization for immigrant youth who came to the United States illegally before the age of 16. DACA will remain unaffected under this memo.

President Donald Trump had campaigned on promises to repeal immigration reform, including DAPA and DACA. At least one of DACA’s recipients, also known as Dreamers, has been deported under Trump’s administration: Juan Montes Bojorquez, 23.

However, Trump has seemed to reverse his stance on DACA, as The New York Times reported today (June 16). In an FAQ released alongside yesterday’s DAPA announcement, DHS clarifies that:

DACA recipients will continue to be eligible as outlined in the June 15, 2012 memorandum. DACA recipients who were issued three-year extensions before the district court’s injunction will not be affected, and will be eligible to seek a two-year extension upon their expiration. No work permits will be terminated prior to their current expiration dates. 

(H/t The Associated Press)