Leaked Draft of Executive Order Ends Extension of DACA

By: Vishal Chander

A leaked draft of an executive order entitled “Ending Unconstitutional, Executive Amnesties” rescinds the DACA program, but allows continued validity of employment authorization documents granted under the program until the date of expiration.  Several leaked drafts were published in an article by Vox.com on January 25, 2017.  DACA or Deferred Action for Childhood Arrivals was the 2012 program created by President Obama to protect undocumented young people who graduated from high school or served in the United States military from deportation.

The leaked order also rescinds the 2014 DAPA program and DACA expansion.  DAPA or Deferred Action for Parents of Americans and Lawful Permanent Residents would have protected certain undocumented parents with United States citizen and lawful permanent resident children from deportation.  Expanded DACA would have opened the DACA program to a larger group of undocumented young people and increased the period of deferred action from two to three years.  The DAPA and expanded DACA programs were enjoined from enactment by a federal court and were not implemented.

The executive order has not been executed.  If implemented, the order would eliminate future approval of DACA.  The order would also eliminate advance parole (travel authorization) for DACA holders.  The order would permit individuals currently holding DACA to maintain employment authorization until the date the employment authorization expires.

Some practitioners have noted an uptick in the approval of DACA initial applications and renewals since the election and inauguration of the new administration.   The perceived uptick may be an attempt by DHS to grant pending approvable DACA cases before the program is rescinded.

Related Links:

The White House, Executive Order  - Ending Unconstitutional, Executive Amnesties (Jan. 23, 2017).

Matthew Yglesias and Dara Lind, Read leaked drafts of 4 White House executive orders on Muslim ban, end to DREAMer program, and more, Vox.com (Jan. 25, 2017).

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