Support migrant centric journalism today and donate
By Sanwar Ali:
The DACA program for “DREAMers” is popular in the US. There seems to be a great deal of sympathy for undocumented migrants in the US who originally entered the US as children, and wish to stay long term. There is still the problem that whoever the President is a Democrat or Republican, that immigration reform does not seem to be possible. Both Houses of Congress are needed to agree on immigration reform, which has not happened for many years.
On Friday Donald Trump had the following to say:
“The Supreme Court asked us to resubmit on DACA, nothing was lost or won. They 'punted,' much like in a football game (where hopefully they would stand for our great American Flag). We will be submitting enhanced papers shortly."
Trump has tried to fill the Supreme Court with Justices that will support him. Does not seem to have worked so well. After the DACA ruling Trump had the following to say:
“Do you get the impression that the Supreme Court doesn’t like me?”
At the same time some Supreme Court rulings are “right wing”. But not really enough of them to keep Trump happy. Trump appointed Justices, like a number of his White house appointees frequently do not agree with him. There is continuing uncertainty over who will win the Presidential elections in November 2020.
Following a failed effort to end the program in the Supreme Court, the Trump administration has been ordered to ‘fully reinstate’ the Deferred Action for Childhood Arrivals (DACA) scheme by a federal judge in Maryland. Amid the Supreme Court hearing, Trump had suspended new applications.
DACA, an Obama-era scheme, protects hundreds of thousands of undocumented immigrants who were brought to the US as children from the threat of deportation. Judge Paul Grim, of the US District Court in Maryland, has ordered the US Department of Homeland Security to restore DACA in the form it operated prior to Trump’s plot to end it.
The order clearly instructs the Department of Homeland Security (DHS) to fully reopen the DACA program to new applicants. The Supreme Court ruling in June set aside a DHS memo in 2017 that sought to end the DACA program, while backing a lower court ruling that called for the program to be fully reinstated.
Does Donald Trump have to comply now?
However, there has been some debate following the Supreme Court ruling as to whether the Trump administration has to comply with the judgement prior to the high court issuing a certified judgement, which has yet to be posted.
Despite the need for several courts to be involved in processing DACA renewals over the past three years, United States Citizenship and Immigration Services (USCIS) has not accepted any petitions from anyone who has never been enrolled in the program since the latter months of 2017.
This was irrespective of whether an applicant met the criteria, including having no felonies or serious misdemeanors on their record.
According to estimates by the non-partisan Migration Policy Institute, hundreds of thousands of immigrants who currently meet DACA requirements could be protected from the threat of deportation should USCIS start adjudicating initial applications. These estimates include around 66,000 teenagers who meet the DACA age requirement.
USCIS non-committal on adjudications
However, the beleaguered USCIS, which is waiting on a decision from Congress regarding a $1.2 billion dollar bailout request to stay afloat, has not committed to adjudicating initial petitions.
This is despite repeated requests to clarify its stance following the Supreme Court’s ruling, which found that Trump’s efforts to end the program breached federal administrative law. According to two USCIS staff, who wished to remain anonymous, guidelines concerning initial DACA applications had not yet been received.
Meanwhile, neither DHS nor USCIS have responded to requests for comment concerning the Maryland federal judge’s order. A Department of Justice (DoJ) spokesperson also offered no comment on the ruling.
No pathway to US citizenship
While approximately 640,000 people are enrolled in the DACA program, it does not offer a route to US citizenship.
To qualify for the Obama-era program, immigrants are required to meet certain criteria including having to have arrived in the US prior to 16, lived in the US since at least 2007 and have earned a US high school diploma, a General Educational Development certificate or serving honorably in the US military.
Nick Katz, an attorney in the case, said: “The federal judge’s ruling leaves absolutely no doubt that USCIS needs to start processing new DACA applications, which they have failed to do even though they have been required to do so.”
Katz claims that USCIS has failed to process any new DACA applications filed for those who have never been protected by the program. He said: “We’re a nation that is built on the rule of law, and this administration needs to accept this and accept the court’s decision.”
Workpermit.com can help with US employment-based visas
If you would like to apply for a US work visa – including L1 visas, E2 visas, O1 visas and H1B visas - Workpermit.com can help.
Workpermit.com is a specialist visa services firm with over thirty years of experience dealing with visa applications. We can help with a wide range of visa applications to your country of choice. Contact us for further details. You can also telephone 0344 991 9222.
