Trump keeps policy on Dreamers, eliminates protection for older immigrants

Show Caption Hide Caption How DREAMers get to stay in U.S. More than 780,000 DREAMers have been allowed to stay in the U.S. under the Deferred Action for Childhood Arrivals program created under President Obama. Many worry about their future under President Trump.

WASHINGTON — President Trump's Department of Homeland Security has rescinded former President Barack Obama's order shielding millions of migrants from deportation, but is letting stand a policy that grants reprieves to people who arrived in the United States as children.

Homeland Security Secretary John F. Kelly announced late Thursday that, after consulting with Attorney General Jeff Sessions, he is rescinding an Obama memorandum from 2014 that allowed immigrants to remain in the United States under certain conditions.

The rescinded memo created a program that protected undocumented immigrants from deportation if they have a child who is a U.S. citizen or lawful resident.

The program – known as Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA – was never implemented because it was challenged in court by 26 states and was put on hold by federal courts.

The DHS decision to rescind the memo came ahead of a court-ordered deadline to resolve the case.

Kelly said in a news release that he decided to rescind the memo because “there is no credible path forward” to litigate the policy.

The decision fulfills part of a campaign promise by Trump, who vowed to overturn two of Obama’s memos on illegal immigration.

However, Kelly said the decision would not impact an Obama program created in 2012 that granted reprieves from deportation to nearly 800,000 undocumented immigrants who arrived in the United States as children.

The terms of that program, known as the Deferred Action for Childhood Arrivals program, or DACA, will not change, Kelly said.

The rescinded program provided expanded work authorization for recipients under DACA.

But so-called Dreamers “who were issued three-year extensions before the district court’s injunction will not be affected and will be eligible to seek a two-year extension upon their expiration," the news release said. "No work permits will be terminated prior to their current expiration dates."

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Advocates for undocumented immigrants warned that while Kelly left the DACA program in place for now, there’s nothing to keep the Trump administration from reversing it in the future.

“This memo and the response from the White House is not a permanent promise to protect” the program, said Greisa Martinez Rosas, advocacy director for United We Dream, which identifies itself as the largest immigrant youth-led organization in the nation.

“The DACA program still stands," she said, "but it’s vulnerable.”

Advocacy groups also were incensed that the Trump administration rescinded the parental program on the fifth anniversary of DACA.

Sen. Tom Cotton, R-Ark., praised Kelly's decision to rescind the DAPA program, calling it “a deeply irresponsible policy from the start.”

“It essentially said to illegal immigrants that we wouldn’t enforce our laws and encouraged them to risk their lives in coming to the United States,” Cotton said. “It was also a blatant attempt by the president to circumvent Congress that the courts swiftly shut down. I’m glad to see Secretary Kelly take it off the books. Such a high-handed fiat deserves nothing less than to be rescinded in full.”

Rep. Don Beyer, D-Va., blasted Kelly’s decision, noting that it came as Democrats and Republicans had put aside partisanship and gathered for the Congressional Baseball Game following the shooting of House Majority Whip Steve Scalise, R-La., during a practice session early Wednesday.

“Before the game had even finished, the Trump administration shattered this spirit of good feelings by announcing the rescission of the DAPA program,” Beyer said.

Beyer took some confront in noting that the DACA program would remain in place, but said that the need for comprehensive immigration reform giving undocumented immigrants a pathway to citizenship “has never been more urgent.”