THE NEUTRAL ZONE
Acting Secretary for the U.S. Department of Homeland Security Chad Wolf announced in a memorandum on Tuesday the government will reject all pending and future Deferred Action for Childhood Arrivals program applications and shorten deportation protections for recipients seeking renewals up to one year. Wolf’s statements followed a June 30 letter from Attorney General William Barr in which he rescinded Attorney General Jeff Session’s Sept. 14, 2017 letter to Acting Secretary Elaine Duke. Barr said that he wished to “wipe the slate clean” to make Wolf free to exercise “independent judgment.”
A senior Trump administration official said Tuesday there would be a “lengthy review” of last month’s Supreme Court ruling that the White House cannot end the program without following the Administrative Procedure Act. The official stated that the White House still viewed the DACA program as illegal and would “limit the scope” of it while reviewing its legality.
In an interview with Telemundo anchor Jose Diaz-Balart two weeks ago, President Donald Trump said, “I’m going do a big executive order, I have the power to do it as president and I’m going to make DACA a part of it.” He added that he was working on the “legal complexities,” but was going to sign “very big merit-based immigration action.”
Numerous lawmakers expressed frustration with the DHS’s move. Rep. Joaquin Castro, D-Texas, stated that “thousands of young Texans are living in limbo” and referred to the DHS’s actions as “unconscionable.” Rep. Pramila Jayapal, D-Wash., said on Twitter, “DHS does NOT get to pick and choose which laws and court rulings to follow. They must accept new DACA applications NOW. Dreamers are home.” Sen. Kamala Harris, D-Calif., stated, “This lawless administration will do everything it can to derail DACA and upend the lives of hundreds of thousands of Dreamers—despite the Supreme Court’s ruling preserving DACA. We will keep fighting for Dreamers to be protected.”
Trump administration to review DACA and reject new applications – CNN – 7/28/2020
The announcement, which comes more than a month after the Supreme Court blocked President Donald Trump’s attempt to end the Deferred Action for Childhood Arrivals program, seems intended to buy time while the administration decides its next steps. […] Trump claimed at a news briefing that he’s going to “going to work with a lot of people on DACA,” when asked about Tuesday’s announcement.
The Trump Administration Begins DACA Rescission 3.0, And Moots All Pending Challenges to the 2017 Dukes Memorandum and the 2018 Nielsen Memorandum – Reason – 7/29/2020
For the foreseeable future (probably till November), Secretary Wolf has announced that DHS will “reject all pending and initial requests for DACA.” Doing so does not violate any court order. Again, there is no court order requiring DHS to grant DACA requests pursuant to the 2012 Napolitano Memorandum. The court orders only enjoined the 2017 Duke and 2018 Nielsen Memorandum.
Trump to extend current DACA protections, reject new applications after Supreme Court knockdown – USA Today – 7/28/2020
California Attorney General Xavier Becerra, a Democrat, said he is prepared to return to court immediately. “The courts have spoken: DACA is in full effect, including for new applications,” he said. “We are ready if the Trump Administration tries to block or dismantle DACA. We know what it takes to defend DACA – we’ve done it before and we’ll do it again if necessary.”
Justice Dept. Wipes ‘the Slate Clean’ on DACA for 2021 – Breitbart – 7/29/2020
The attorney general has junked his department’s 2017 letter declaring the illegality of President Barack Obama’s 2012 amnesty, dubbed the Deferred Arrival for Childhood Arrivals (DACA) amnesty. The legal backtrack is useful for President Donald Trump’s reelection campaign, but it underlines the growing need for the administration to fully explain its second-term agenda for immigration, said Jessica Vaughan, policy director at the Center for Immigration Studies.
ACLU on Twitter, 7/28/2020: This is patently illegal. The Trump administration must accept new DACA-applications AND extend legal protection for the full two years. Anything less is in defiance of the Supreme Court.
Kimberley Strassel on Twitter, 7/28/2020: LOL. Joe Biden accuses Trump of overusing presidential authority? From the team that went around Congress to stand up an EPA climate program? That did DACA? DAPA? Minimum wage for federal workers? Paris Accord? More than 500 “major” rules that restructured industry everywhere?
Laurence Tribe on Twitter, 7/28/2020: President Trump’s open defiance of a federal court’s implementation of the Supreme Court’s July 9 DACA decision should lead to grave consequences. This contempt of court cannot be allowed to stand.
Tom Fitton on Twitter, 7/29/2020: .@RealDonaldTrump should end illegal and dangerous Obama DACA amnesty immediately….