Uncertainty for DACA Increases, as Potential Legal Challenges Loom

The Deferred Action for Childhood Arrivals (DACA) program, a policy implemented by an Obama Executive Order in 2012 that protects young undocumented immigrants, is in the news again as both supporters and those in opposition to the program push the Trump Administration to make a decision about DACA’s future.

Ten state Attorneys General, led Texas Attorney General Ken Paxton, sent a letter on June 29, 2017 to U.S. Attorney General Jeff Sessions, threatening to pursue litigation if the Trump Administration does not take action to end the program by September 5, 2017.

In response, a group of 20 state Attorneys General sent a letter dated July 21, 2017 to President Trump, requesting that the President continue the program and defend it in court if necessary.

President Trump promised explicitly in his campaign to end the DACA program, but since taking office has allowed it to continue. Despite this, President Trump has not offered a clear statement as to what the administration intends to do with DACA long term, and U.S. Attorney General Jeff Sessions has not stated whether the Justice Department would defend the program in court.

Meanwhile in Congress, several bills have been introduced that offer potential legal protections to DACA recipients. In the U.S. House of Representatives, Republican Carlos Curbelo of Florida has introduced the Recognizing America’s Children Act, while the American Hope Act has been by introduced by Democrat Luis Gutierrez of Illinois. The BRIDGE Act, a bipartisan Senate bill from Senators Lindsey Graham (R-S.C.) and Dick Durbin (D-Ill.), has also been offered.

Citizens who are concerned about the future of DACA, or who are interested in potential legislative protections for DREAMers, are encouraged to contact their congressional representatives.

Senator Cory Gardner’s contact information can be found here.

Senator Michael Bennet’s contact information is available here.

To find your Representative in the House, click here.

For more information on DACA or other immigration matters, please contact Kolko & Associates, P.C.