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Department of Homeland Security Will Reject Initial Requests for DACA As It Weighs Future of the Program
The Department of Homeland Security ^ | July 28 2020 | none listed

Posted on 07/28/2020 3:15:00 PM PDT by little jeremiah

Acting Secretary of Homeland Security Chad F. Wolf announced that in response to the Supreme Court’s decision, the Department of Homeland Security will take action to thoughtfully consider the future of the DACA policy, including whether to fully rescind the program.

In the interim and to address serious concerns with the policy, the Department of Homeland Security will make the following changes to DACA immediately:

Reject all initial requests for DACA and associated applications for Employment Authorization Documents;

Reject new and pending requests for advanced parole absent exceptional circumstances; and,

Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.

“As the Department continues looking at the policy and considers future action, the fact remains that Congress should act on this matter,” said Acting Secretary Chad F. Wolf. “There are important policy reasons that may warrant the full rescission of the DACA policy.”

The new memorandum outlined four areas of concern:

Concern about whether, as a matter of policy, continuation of a broad, class-based deferred-action policy like DACA should be resolved by Congress;

Concern about whether any discretion to not enforce the law or afford deferred action should be exercised rarely and only on a truly individualized, case-by-case basis;

Concern that the existence of a program like DACA may send mixed messages about DHS’s intention to consistently enforce immigration laws as Congress has written them; and,

Concern that the existence of a program like DACA may encourage individuals to take a perilous journey to this country, needlessly endangering children.

The full memorandum can be read here.

https://www.dhs.gov/publication/reconsideration-june-15-2012-memo-entitled-exercising-prosecutorial-discretion-respect

Attorney General William P. Barr’s letter to Acting Secretary Chad F. Wolf on DACA can be read here.

https://www.dhs.gov/sites/default/files/publications/20_0630_doj_aj-barr-letter-as-wolf-daca.pdf


TOPICS: Constitution/Conservatism; Foreign Affairs; Government; News/Current Events
KEYWORDS: aliens; border; daca; illegals; immigration
Live links:

https://www.dhs.gov/publication/reconsideration-june-15-2012-memo-entitled-exercising-prosecutorial-discretion-respect Reconsideration of the June 15, 2012 Memo Entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children" On June 15, 2012, Secretary of Homeland Security Janet Napolitano established the policy known as Deferred Action for Childhood Arrivals (DACA) through a memorandum entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.” Ever since, the policy has been subject to substantial controversy. In recent years, Acting Secretary of Homeland Security Elaine Duke and Secretary of Homeland Security Kirstjen Nielsen concluded that the DACA policy should be fully rescinded and issued additional memoranda in 2017 and 2018, respectively, to effect that decision.

On June 18, 2020, the U.S. Supreme Court issued a decision that did not question the authority of the Department of Homeland Security (DHS) to rescind the DACA policy, but determined that the 2017 and 2018 memoranda had not complied with certain requirements for doing so. See Department of Homeland Security v. Regents of the University of California, Nos. 18-587, 18-588, 18-589. Accordingly, the Court concluded that the rescission must be vacated and remanded to DHS so that it “may consider the problem anew.” Regents, Slip op. at 29.

By this memorandum, I am rescinding the 2017 and 2018 memoranda, and making certain immediate changes to the DACA policy to facilitate my thorough consideration of how to address DACA in light of the Supreme Court’s decision. For the reasons outlined below, pending my full reconsideration of the DACA policy, I direct DHS personnel to take all appropriate actions to reject all pending and future initial requests for DACA, to reject all pending and future applications for advance parole absent exceptional circumstances, and to shorten DACA renewals consistent with the parameters established in this memorandum.

Read full memorandum below:

https://www.dhs.gov/sites/default/files/publications/20_0728_s1_daca-reconsideration-memo.pdf

Attorney General William P. Barr’s letter to Acting Secretary Chad F. Wolf on DACA can be read here: (PDF only) https://www.dhs.gov/sites/default/files/publications/20_0630_doj_aj-barr-letter-as-wolf-daca.pdf

1 posted on 07/28/2020 3:15:00 PM PDT by little jeremiah
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To: little jeremiah

Hmm, links still weren’t live. Trying again.

Reconsideration of the June 15, 2012 Memo Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”

https://www.dhs.gov/publication/reconsideration-june-15-2012-memo-entitled-exercising-prosecutorial-discretion-respect

On June 15, 2012, Secretary of Homeland Security Janet Napolitano established the policy known as Deferred Action for Childhood Arrivals (DACA) through a memorandum entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.” Ever since, the policy has been subject to substantial controversy. In recent years, Acting Secretary of Homeland Security Elaine Duke and Secretary of Homeland Security Kirstjen Nielsen concluded that the DACA policy should be fully rescinded and issued additional memoranda in 2017 and 2018, respectively, to effect that decision.

On June 18, 2020, the U.S. Supreme Court issued a decision that did not question the authority of the Department of Homeland Security (DHS) to rescind the DACA policy, but determined that the 2017 and 2018 memoranda had not complied with certain requirements for doing so. See Department of Homeland Security v. Regents of the University of California, Nos. 18-587, 18-588, 18-589. Accordingly, the Court concluded that the rescission must be vacated and remanded to DHS so that it “may consider the problem anew.” Regents, Slip op. at 29.

By this memorandum, I am rescinding the 2017 and 2018 memoranda, and making certain immediate changes to the DACA policy to facilitate my thorough consideration of how to address DACA in light of the Supreme Court’s decision. For the reasons outlined below, pending my full reconsideration of the DACA policy, I direct DHS personnel to take all appropriate actions to reject all pending and future initial requests for DACA, to reject all pending and future applications for advance parole absent exceptional circumstances, and to shorten DACA renewals consistent with the parameters established in this memorandum.

Full PDF:
https://www.dhs.gov/sites/default/files/publications/20_0728_s1_daca-reconsideration-memo.pdf


2 posted on 07/28/2020 3:16:52 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: little jeremiah

PDF of AB Barr’s letter to Chad Wolf, Acting Director of DHS:

https://www.dhs.gov/sites/default/files/publications/20_0630_doj_aj-barr-letter-as-wolf-daca.pdf


3 posted on 07/28/2020 3:17:26 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: little jeremiah
Live links:

Nope, none of your links are live.

Maybe they got hauled off on a prison barge to Gitmo.

4 posted on 07/28/2020 3:17:32 PM PDT by humblegunner
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To: humblegunner

Worked fine for me.


5 posted on 07/28/2020 3:22:41 PM PDT by SmokingJoe
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To: SmokingJoe

The first links didn’t work so I posted them again. This is good stuff. And the original reason SCOTUS didn’t agree was there was a Trump hating Demshevik who admitted she messed up the legal docs sent to SCOTUS on her own. Can’t remember details, but because of that, SCOTUS said it wasn’t clear.


6 posted on 07/28/2020 4:05:03 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: little jeremiah

Thanks.
The original DHS link worked which was what I was referring to.


7 posted on 07/28/2020 4:18:54 PM PDT by SmokingJoe
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; 2ndDivisionVet; azishot; ...

p


8 posted on 07/28/2020 6:48:55 PM PDT by bitt (Let justice be done though the heavens fall - Fiat justitia ruat caelum)
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To: little jeremiah

the links in post 1 were fine...they just weren’t hyperlinks....which you made in later posts.
thanks for the info.


9 posted on 07/28/2020 7:06:58 PM PDT by stylin19a ( 2016 - Best.Election.Of.All.Times.Ever.In.The.History.Of.Ever)
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To: little jeremiah
DACA is deferred action, not deleted action. It's been deferred long enough. Start with any convicted of any violent crime; remove them immediately. Then the lesser criminals. Finally, vet whoever remains whose only violation is illegal entry.

Many will disagree with me, but I believe there are a lot of them who are "keepers". Decent working folks who are better behaved than many of our spoiled-brat upper middle class ANTIFAS and BLMers. Especially those who are parents of US citizen children (yeah, I know..."anchor babies"). But that's on us because our own laws permit it. Get the law changed if you don't like it.

But all in all, it's been deferred long enough, and should be a priority for President Trump's second term.

10 posted on 07/30/2020 8:53:01 AM PDT by JimRed (TERM LIMITS, NOW! Build the Wall Faster! TRUTH is the new HATE SPEECH.)
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To: JimRed

As soon as Congress has big R majority and a few better Rs in the Senate, we’ll see action like never before.

And I am 100% positive such will occurr.


11 posted on 07/30/2020 2:38:23 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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