The Trump administration will end the Deferred Action for Childhood Arrivals program, the Obama-era directive that provided work permits and protection from deportation for illegal immigrants brought to the country as children, after a six-month window, Attorney General Jeff Sessions announced Tuesday.
Speaking to reporters Tuesday morning, Sessions blasted DACA as a “unilateral executive amnesty” and an “unconstitutional exercise of authority” by the Obama administration. Obama created the program through executive order in 2012.
“The executive branch, through DACA, deliberately sought to achieve what the legislative branch specifically refused to authorize on multiple occasions,” Sessions said. “Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the executive branch.”
The federal government will immediately cease issuing new two-year work permits to young undocumented workers, known as “Dreamers,” and will stop renewing permits on Oct. 5. Any DACA recipient whose permit expires before March 5, 2018, will be able to apply for one additional two-year permit before Oct. 5.
But Sessions’s Tuesday announcement is far from the last word on the program. The six-month window is intended not just to allow DACA’s current recipients time to prepare for the change, but also to give Congress the chance to reinstate the protections in a constitutional way. President Trump repeatedly indicated in the days leading up to the announcement that he would support such legislation, telling reporters on Friday that “we think the DREAMers are terrific.” And on Tuesday morning, he explicitly called on Congress to take up the issue.
Congress, get ready to do your job – DACA!
— Donald J. Trump (@realDonaldTrump) September 5, 2017
After the announcement, the White House released a statement from President Trump calling for “responsible immigration reform” that would “resolve the DACA issue with heart and compassion—but through the lawful Democratic process—while at the same time ensuring that any immigration reform we adopt provides enduring benefits for the American citizens we were elected to serve.”
“I do not favor punishing children, most of whom are now adults, for the actions of their parents. But we must also recognize that we are a nation of opportunity because we are a nation of laws,” Trump’s statement reads. “In referencing the idea of creating new immigrations unilaterally, President Obama admitted that ‘I can’t just do these things by myself’—and yet that is exactly what he did, making an end-run around Congress and violating the core tenets that sustain our Republic.”
By putting DACA back into play, the White House hopes to strike a deal on broad changes to the immigration system, including additional funding for border enforcement and a merit-based system for legal immigration.
Republican leaders who over the weekend called on Trump not to rescind the program immediately pivoted to such rhetoric themselves.
“However, well-intentioned, President Obama’s DACA program was a clear abuse of executive authority, an attempt to create law out of thin air,” House Speaker Paul Ryan said in a statement. “Congress writes laws, not the president, and ending this program fulfills a promise that President Trump made to restore the proper role of the executive and legislative branches. … It is my hope that the House and Senate, with the president’s leadership, will be able to find consensus on a permanent legislative solution that includes ensuring that those who have done nothing wrong can still contribute as a valued part of this great country.”
The move puts Congressional Democrats in a dangerous position, as Republicans will likely force any vote for DACA reinstatement to also include other immigration priorities, a fact Democrats started to complain about before the decision was even announced.
It is reprehensible to treat children as bargaining chips. America’s DREAMers are not negotiable. #DefendDACA https://t.co/wErMfpWBlh
— Nancy Pelosi (@NancyPelosi) August 22, 2017
Dreamers are not a bargaining chip for the border wall and inhumane deportation force. Period. https://t.co/XZskvADFyJ
— Chuck Schumer (@SenSchumer) August 22, 2017
In response to concerns that people had handed over personal information to the government that could now get them deported, the Department of Homeland Security issued the following statement: “”Information provided to USCIS in DACA requests will not be proactively provided to ICE and CBP for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to ICE under the criteria set forth in USCIS’ Notice to Appear guidance.”