CFGI Quoted – “Future of DACA Program Remains Uncertain”


“When Attorney General Jeff Sessions announced…that the Trump administration would allow DACA to expire March 5, 2018, President Donald Trump urged Congress to create legislation to protect DACA participants. He suggested he may act, via executive order, if Congress does not. State attorneys general also responded, suing the Trump administration for ending DACA.

“…On the same day as Sessions' announcement, Trump tweeted, ‘Congress, get ready to do your job—DACA!’ He added, ‘Congress now has six months to legalize DACA (something the Obama administration was unable to do). If they can't, I will revisit this issue!’

“…If Congress does not act by March 5, 2018, Trump may consider extending DACA another six months to give Congress more time to come up with a solution, predicted Andrew Greenfield, an attorney with Fragomen in Washington, D.C. 

“…Yova Borovska, an attorney with Buchanan, Ingersoll & Rooney in Tampa, Fla., said, ‘Congress is now under pressure to enact legislation to protect DACA beneficiaries.’  Several bills have been introduced that would provide permanent residence benefits and a pathway to citizenship for Dreamers. 

“…‘Trump has said he supports the Dreamers and wants a solution, but it's unclear what legislation he would support,’ said Justin Storch, manager of agency liaison at the Council for Global Immigration, an affiliate of the Society for Human Resource Management.

“Greenfield said that many legislators want to fix DACA but they are encountering practical problems. First, six months is ‘an incredibly short period to get legislation approved by both houses of Congress.’ Second, comprehensive immigration reform has been a challenge for Congress for many years. It will be difficult for members of Congress to push through a bill that is related only to DACA, he predicted. ‘Many senators and representatives will see that as an opportunity to tack on other parts of immigration reform that would be much more controversial and require more time.’

“…Some representatives might seek the permanent use of E-Verify or funding for a wall along the Mexico border in exchange for legislation to provide Dreamers with a path to citizenship, said David Grunblatt, an attorney with Proskauer in Newark, N.J. 

“…If the president and Congress don't extend DACA participants' work authorization, the courts may be their last hope.”

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