Immigration Attorney Charles Foster explains DHS' New DACA Memorandum
The memorandum does three significant things:
- It halts the acceptance of new DACA applications.
- It limits a DACA policy that allows recipients to leave and return to the US.
- It reduces the term of renewable work permits.
This sounds like a partial rescindment and severe limitations on DACA participants.
However, my good friend Charles Foster, Houston’s world-renown immigration attorney, explained to me that the memo does not significantly change DACA’s policies.
Charles indicated the DHS restrictions are not as big as they appear. There is not a significant number of people waiting to apply for DACA the first time. There are still ways to obtain travel permits in the event of special circumstances. In short, although this memorandum appears to be a partial rescindment, it does not significantly impact the policy. Foster also explained that if President Trump wanted to, he could have fully rescinded DACA.
Frankly, I believe President Trump’s decision not to rescind it shows that he wants to take care of DACA recipients, as he has told us many times.
Foster also said that although the memorandum by Acting Secretary of DHS Chad Wolf says he is still weighing a full rescindment of DACA, that decision is ultimately in President Trump’s hands.
Remember folks, DACA recipients were brought here as children before 2007. They have been educated in America and continue to pass background checks. They earned temporary work permits and “deferred action against deportation” by going to school, working, or serving in the military. They are integrated into our society and economy. They all speak English because they were raised in the US!
The temporary work permits and status DACA has allowed its recipients to earn has helped them to become more productive members of society and to work for employers who deduct and match taxes!
I am glad President Trump allowed DACA to continue!
However, in order for DACA to be fully resolved, Congress needs to pass a legislative solution.
Please continue contacting your lawmakers and asking them to work on a legislative solution for DACA recipients to earn their legal status.
God Bless America!