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1 [1] (September 8, 2017)

handle is hein.crs/crsmthmbbxz0001 and id is 1 raw text is: CRS Reports & Analysis Legal Sidebar The End of the Deferred Action for Childhood Arrivals Program: Some Immediate Takeaways 09/08/2017 On September 5, 2017, the Trump Administration announced that the Deferred Action for Childhood Arrivals (DACA) program would be phased out over a six-month period. Established in 2012 under the Obama Administration, permits qualifying unlawfully present aliens who came to the United States as children to obtain a form of relief known as def rred action and, typically, work authorization for a renewable two-year period. While DACA provides for the deferral of any immigration enforcement action (e.g., removal) against a relief recipient, it does notconfe any legal immigration status upon relief recipients. In 2015, a group of states and government officials obtained a preliminary injunction preventing implementation of a 2014 expan of DACA and a related Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiativ. The U.S. Court of Appeals for the Fifth Circuit ffirme the injunction and an equally divided Supreme Court upheld this decision without opinion. In June 2017, prior to the district court rendering a final decision on the challenge to the lawfulness of DAPA and the DACA expansion, the Department of Homeland Security (DHS) largely rgesindd the memorandums authorizing these initiatives, but announced that the original DACA program will remain in effect. Possibly prompted by the plaintiffs' notice that they would likely amend their complaint to bring a challenge to the original DACA program, when Attorney General Sessions publicly announcQd the wind-down of DACA, he declared that the initiative is vulnerable to the same legal and constitutional challenges that the courts recognized with the DAPA program. Below are a few immediate takeaways from the announcement. Are DACA recipients now subject to removal? Although the Trump Administration announced a wind- down of the DACA program, including by generally ending its processing of new requests for DACA relief, the Administration indicated that it would delay termination of the program for six months to give Congress a windm to consider legislation allowing DACA recipients to remain in the United States. In addition, the Department of Homeland Security (DHS) announcd that it will not terminate previous DACA grants for the duration of their validity periods, and will consider during the six-month wind-dmn period certain DACA requests that are filed by specified deadlines. Consequently, the announced wind-down contemplates that current DACA recipients could remain in the United States for the remainder of time authorized by their previous DACA grants and renewals. Upon the expiration of their period of relief, DACA recipients generally could be subject to removal on account of their presence in the United States without legal authorization. The Trump Administration, however, indicated in January ita inlent lopriiize immigration enforcement resources towards the removal of aliens who have committed crimes; engaged in fraud or willful misrepresentation; abused any public benefits program; pose a risk to public safety or national security; or are subject to a final order of removal, but have not complied with their legal obligation to depart the United States. Many DACA recipients would not fall under these removal priorities (indeed, DACA's eligibility requiremens bar aliens convicted of certain offenses or who pose a threat to the public or national security from obtaining relief). However, DACA recipients who were subject to a final order of removal before obtaining relief might be deemed, at least in some cases, to be a priority for removal if they do not comply with their legal obligation to depart the country once their deferred action status is terminated.

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