San Francisco Chronicle

White House restricts DACA despite ruling

- By Bob Egelko

In apparent defiance of court orders, the Trump administra­tion has reaffirmed its cutbacks to the Deferred Action for Childhood Arrivals program for young undocument­ed immigrants: No new DACA applicants will be accepted, and current participan­ts can renew their legal status for only one year instead of two.

Supporters of the program have asked a federal judge in Maryland to hold the administra­tion in contempt of court.

The Supreme Court ruled June 18 that President Trump had acted illegally in September 2017 when he repealed DACA, the program establishe­d by President Barack Obama in 2012. It grants deportatio­n reprieves and work permits to immigrants who were brought to the U.S.

without documentat­ion before turning 16, have attended school or served in the military and have no serious criminal record.

Trump claimed Obama had no legal authority to exempt a category of undocument­ed immigrants from deportatio­n. In the court’s 54 ruling, Chief Justice John Roberts said Trump had failed to offer a rational explanatio­n for his order or consider its impact on more than 700,000 migrants who relied on the program, or their 200,000 U.S.citizen children.

The court did not prohibit Trump from making another attempt to eliminate DACA, but ordered it reinstated in the meantime. The administra­tion had stopped accepting new DACA applicants since September 2017 but had been required by lower courts to allow renewals by current participan­ts.

The Supreme Court ruling implied, but did not expressly state, that officials must resume accepting new applicatio­ns. U.S. District Judge Paul Grimm of Baltimore took that step July 17, ordering the Department of Homeland Security to restore the program to its status before Trump’s action, including new applicatio­ns.

On July 29, however, Chad Wolf, Trump’s acting secretary of Homeland Security, issued a memo that maintained the administra­tion’s ban on new DACA applicants and allowed current participan­ts to renew their status for just one year. Wolf also said DACA participan­ts would no longer be allowed to leave the United States and return legally, apart from “exceptiona­l circumstan­ces.” He did not mention Grimm’s order.

“The existence of a program like DACA may send mixed messages about DHS’s intention to consistent­ly enforce immigratio­n laws,” and “may encourage individual­s to take a perilous journey to this country, needlessly endangerin­g children,” Wolf said in his memo.

Then on Monday, U.S. Citizenshi­p and Immigratio­n Services, which oversees DACA, published guidelines for its employees to enforce Wolf ’s restrictio­ns, again without referring to the federal judge’s order to restore the program. Grimm, meanwhile, is considerin­g requests by immigrants and their supporters to find the administra­tion in contempt and order immediate compliance.

Federal officials have “demonstrat­ed their intent to defy the clear mandate of the Supreme Court,” as well as lower courts, the immigrants’ lawyers said in a filing Aug. 14. They said officials “have dared this court (or any other) to enforce their orders.”

Pratheepan Gulasekara­m, an immigratio­n law professor at Santa Clara University, said the administra­tion’s response to the court rulings “suggests that the executive branch is above the law.”

Rep. Zoe Lofgren, DSan Jose, chairwoman of the House Judiciary

Subcommitt­ee on Immigratio­n and Citizenshi­p, had an equally scathing assessment.

“Following the Supreme Court’s decision, the president had the opportunit­y to do the right thing for America’s ‘Dreamers,’ ” Lofgren said Tuesday, using supporters’ name for DACA participan­ts. “But, instead, his administra­tion chose chaos over compassion.”

The government agencies did not respond to requests for comment.

“The had opportunit­y the right the president thing to for do America’s ‘Dreamers.’ But, instead, his administra­tion chose chaos over compassion.”

Rep. Zoe Lofgren, DSan Jose

 ?? Drew Angerer / Getty Images/ TNS ?? DACA recipients and their supporters rally outside the U.S. Supreme Court on June 18.
Drew Angerer / Getty Images/ TNS DACA recipients and their supporters rally outside the U.S. Supreme Court on June 18.

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