DACA UNFOLDING DRAMA
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DACA UNFOLDING DRAMA

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August 7, 2021, 11:01 pm
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In September 2017, then-Attorney General Jeff Sessions advised the Department of Homeland Security (DHS) to rescind DACA. The decision was based upon his conclusion the program was effectuated without proper statutory authority and was unconstitutional. DHS' Acting Secretary released a memorandum ending the program on that basis.

On July 16, 2021, a district court in Texas released a judgment telling DACA, once again halting the adjudication of very first time applications. It is necessary to note this is not a decision on whether DACA will endure. The federal judge also made it clear that his choice does not affect those who presently hold DACA. No action will be taken versus existing DACA recipients and in fact may continue to send renewal applications. As for preliminary DACA applications, they can be submitted but no decision will be made on them at this time

Although the federal judge's choice is frustrating, it might be what Congress requires to help them feel a sense of seriousness to enact a migration reform bill that deals with DACA at last. Additionally, the decision will be appealed by the Biden Administration and might find its way back as much as the United States Supreme Court. As Justice Roberts kept in mind, "countless youths have actually come to depend on DACA, emerging from the shadows to register in degree programs, embark on professions, begin companies, buy homes, and even marry and have kids of their own who are U.S. residents, not to mention that DACA recipients pay $60 billion in taxes each year." As out of touch as some political leaders appear to be, there is no way that Congress is blind to these truths and as a result, need to do something to fix this matter. We just need to be patient until they do. In the meantime, do not panic.

DHS' decision to rescind DACA eventually wound up before the U.S. Supreme Court. In June of 2020, Chief Justice Roberts authored the Court's majority viewpoint wherein he concluded that DHS breached the Administrative Treatment Act (APA) by stopping working to provide comprehensive reason for their decision in terminating DACA. (Dep't of Homeland Sec. v. Regents of the Univ. of California, 140 S. Ct. 1891, 207 L. Ed. 2d 353 (2020 . The decision to terminate DACA was rescinded, and individuals might use once again. The Court did not provide its viewpoint on the real credibility of DACA and properly kept in mind that this was for the legislative branch of our federal government to decide.

DACA was initially produced through Executive Action by previous President Obama in 2012. It was put in place to offer both work authorization and protection from deportation to the numerous countless undocumented children gave the U.S. before June 15, 2012. DACA has once again received some pushback, this time from a District Court in Texas (State of Texas, et al. v. The United States of America, et. al Civil Action Number 1:18-CV-00068, (S.D. Tex. July 16, 2021. This isn't the very first time that DACA has actually been challenged.

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Author: Moises Apsan
Attorney with over 35 years of experience. Past president Federal Bar Association NJ Chapter (1997-2002). Offices in New York, NY, Newark, NJ. Tel: 888-460-1800 http://www.apsanlaw.com and www.drmoises.com
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