DACA recipients whose data is used to initiate deportation proceedings may have an entrapment defense. They could claim violation of due process based on outrageous government conduct for falsely assuring them their data would not be used to deport them.
A recent study by the Center for American Progress concluded that more than 1,000 people daily could lose their work permits once DACA is rescinded.
DHS advised that it would not accept any further DACA applications. Current enrollees in the program can continue to work until their permits expire. If a permit is set to expire by March 5, 2018, the enrollees can apply for a two-year renewal if they do so by October 5, 2017.
Throwing the Ball to Congress
Sessions suggested that Congress could act to reinstate DACA "should it so choose." This sounds a lot like "repeal and replace," the GOP attempt to abolish Obamacare -- and take away health care from 20 million people -- with no "replacement" in sight.
There are several pending bills that would partially or fully protect DACA. This dysfunctional Congress, however, has been unable to agree on any legislation, including repealing and replacing Obamacare, since Trump's term began. Indeed, immigration reform has eluded Congress for many years.
Speaker of the House Paul Ryan (R-Wisconsin), who decides whether to bring bills to the floor of the House of Representatives, said, "These are kids who know no other country, who were brought here by their parents and don't know another home. And so, I really do believe that there needs to be a legislative solution."
We can expect intense wrangling in Congress with different sectors of the Republican Party trying to extract concessions for supporting DACA.
Trump Tries to Defuse the Anger
Less than 12 hours after Sessions's announcement, Trump, apparently alarmed by the powerful public outcry against the rescission of DACA, tried to soften the blow by tweeting:
"Congress now has 6 months to legalize DACA (something the Obama administration was unable to do). If they can't, I will revisit this issue!"
Trump also issued a statement saying, "I have advised the Department of Homeland Security that DACA recipients are not enforcement priorities unless they are criminals, are involved in criminal activity, or are members of a gang." In practice, however, Trump's advisement may not deter individual ICE agents from using personal information Dreamers provided to deport them.
What will happen in the next six months? How will this announcement affect the lives of the 800,000 Dreamers, many of whom are experiencing fear and foreboding, not knowing what their futures hold?
The White House Talking Points memo advised, "The Department of Homeland Security urges DACA recipients to use the time remaining on their work authorizations to prepare for and arrange their departure from the United States -- including proactively seeking travel documentation -- or to apply for other immigration benefits for which they may be eligible."
However, the future of DACA is not set in stone. Congress members respond to public pressure. Throughout the country, people have taken to the streets in support of the Dreamers. As the six-month period ticks down, the resistance will grow. It will invariably impact both Congress and the president.
Originally published in Truthout(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
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