Trump Administration Rescinds 2012 DACA Program

On September 5, 2017, Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (“DACA”), created by executive order under the Obama administration, is unconstitutional and “rescinded.” The DACA program was implemented in 2012 and provided deferred removal action for nearly 800,000 illegal immigrants for a renewable two-year term, work authorization and other benefits, including participation in the social security program. The recipients of the program were dubbed “Dreamers.” Under the DACA program, individuals were able to request DACA status if they were under the age of 31 on June 15 2012, came to the U.S. before turning 16, have continuously lived in the country since June 15, 2007, have a high school diploma or GED certification, been honorably discharged from the military or still be in school, and do not have a criminal record. DACA did not confer legal status.

The Attorney General said in his statement that the Acting Department of Homeland Security Secretary Elaine Duke would initiate a wind down process. No current beneficiaries of the program would be affected before March 5, 2018; no applications filed after September 5th will be acted on; and all existing work permits will be honored until their date of expiration up to two full years from September 5, 2017.

The solution for protecting undocumented youth will now reside with Congress.