DHS Sec. Kelly Rescinds DAPA Memo, Leaves DACA Alone...For Now

DHS Sec. Kelly Rescinds DAPA Memo, Leaves DACA Alone...For Now

Rescission of Memorandum Providing for Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) - "On June 15, Department of Homeland Security Secretary John F. Kelly, after consulting with the Attorney General, signed a memorandum rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) because there is no credible path forward to litigate the currently enjoined policy. ... The June 15, 2012 memorandum that created the Deferred Action for Childhood Arrivals (DACA) program will remain in effect."

Frequently Asked Questions: Rescission of Memorandum Providing for Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) - "Q. Will this affect DACA? A. This rescission will not affect the terms of the original DACA program as outlined in the June 15, 2012 memorandum. Q. Does this mean that DACA recipients will not be able to apply for a three-year work authorization, as established in the DAPA memorandum? A. DACA recipients will continue to be eligible as outlined in the June 15, 2012 memorandum. DACA recipients 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. No work permits will be terminated prior to their current expiration dates."

Maria Sacchetti, Washington Post, June 15, 2017- "Homeland Security Secretary John F. Kelly announced late Thursday that he has rescinded an Obama-era memo that sought to shield millions of parents of U.S. citizens and others from deportation. Kelly’s act fulfills part of a campaign promise that President Trump had made to overturn two of Barack Obama’s controversial memos on illegal immigration. The rescinded memo was never implemented and is the subject of an ongoing federal court battle waged by Texas and other states that opposed Obama’s program. Thursday marked the judge’s deadline for the parties to set a timetable to resolve the case. Instead, Kelly rescinded the memo, saying on the department’s website that there is “no credible path forward” in court. However, Trump has let stand Obama’s 2012 memo that has granted reprieves from deportation to nearly 800,000 undocumented immigrants who arrived as children."