New Trump Memo on DACA, Barring New Applications, But Allowing Current Recipients to Renew in One-Year Increments

What the New DACA Memo Does

The Department of Homeland Security issued a new memorandum today regarding the DACA  program (Deferred Action for Childhood Arrivals), authored by the acting Secretary for DHS Chad Wolf. The memo is in response to the Supreme Court’s recent decision that the previous memos that attempted to end DACA were unlawful. 

This time, DHS is allowing current recipients to continue to renew in one-year increments, but continuing to foreclose DACA for new applicants. On his decision to continue DACA for current recipients, Secretary Wolf states that the decision whether to end DACA for current applicants “would be a significant administration decision that warrants additional careful consideration.” The memorandum also states that it will grant advance parole requests, but only in truly exceptional circumstances.

Therefore, the memo is a second attempt to end the program for new applicants, while at the same time, shortening the DACA grants from two years to one. The memorandum is DHS’ best attempt to limit DACA, based on the Supreme Court decision. 

Critiquing The Memo 

The memo mentions some of the massive equitable and humanitarian reasons for why the program exists, but Secretary Wolf and DHS attempt to wash their hands of their actions by arguing that ending DACA will force Congress to create a long-term solution for DACA recipients. This is a thin argument that ignores the political realities of passing any immigration reform in such a divisive environment. Moreover, why should the existence of the DACA program have any effect on legislators working towards a long-term solution? Many bills have been proposed, but our country is simply too divided, primarily by a President who came into power through division and continues to divide in an attempt to maintain power.

While Secretary Wolf attempts to rationalize his actions, the limitations he places on DACA are unconscionable when you delve into them. By limiting new applicants, DHS is often punishing the younger brothers and sisters of DACA recipients who were simply too young to apply for DACA when the program was last ended for new applicants in 2017 (remember, you had to be at least 15 years old to apply for DACA).

I remember many of these kids tagging along to their sibling’s appointments at my office, quietly coloring or playing a game on a tablet while I worked with their siblings on the DACA paperwork. These young kids had no idea what was going on then. I also remember their mothers anxiously reminding me that we had more DACA applications to do, the moment their youngest turned 15. But then the door closed, and today, despite the Supreme Court decision criticizing the first attempt to end DACA, DHS closes the door again. What good does it possibly do to let these now college aged kids live in fear of deportation with no ability to work?

The second limitation, though a touch less painful, is equally asinine. Limiting DACA grants now to one-year? Why? The only people who gain from this are lawyers and DHS, in terms of more fees. It simply creates twice the work for these young people to maintain status. To what end? So that in the event that DHS is ever successful in ending the program, DACA recipients remaining time will be shorten? This limitation, like much of what the Trump administration is doing right now, is simply throwing a little more red meat at its base. 

The fight will continue. New lawsuits challenging this memorandum will soon be filed by great lawyers and organizations. We will keep you posted as always. For questions, feel free to reach us at 303-872-6985.