UPDATED: September 5th, 2017
The latest we received on DACA Announcement
EMBARGOED UNTIL AFTER AG REMARKS ARE DELIVERED ON SEPT. 5
U.S. Department of Homeland Security
September 5, 2017
Contact: DHS Press Office, (202) 282-8010
RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (“DACA”)
Today, the Department of Homeland Security (DHS) initiated the orderly wind down of the program known as Deferred Action for Childhood Arrivals (DACA). “This Administration’s decision to terminate DACA was not taken lightly. The Department of Justice has carefully evaluated the program’s Constitutionality and determined it conflicts with our existing immigration laws,” said Acting Secretary Elaine Duke. “As a result of recent litigation, we were faced with two options: wind the program down in an orderly fashion that protects beneficiaries in the near-term while working with Congress to pass legislation; or allow the judiciary to potentially shut the program down completely and immediately. We chose the least disruptive option. “With the measures the Department is putting in place today, no current beneficiaries will be impacted before March 5, 2018, nearly six months from now, so Congress can have time to deliver on appropriate legislative solutions. However, I want to be clear that no new initial requests or associated applications filed after today will be acted on.”
On June 29, the attorneys general of Texas and several other states sent a letter to U.S. Attorney General Jeff Sessions asserting that the DACA program is unlawful for the same reasons stated in the Fifth Circuit and district court opinions regarding an expansion of the DACA program and the now rescinded program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The letter noted that if DHS did not rescind the June 2012 DACA memo by September 5, 2017, the states would seek to amend the DAPA lawsuit to include a challenge to DACA. Yesterday, Attorney General Sessions sent a letter to Acting Secretary Duke articulating his legal determination that DACA “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress' repeated rejection of proposed legislation that would have accomplished a similar result. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.” The letter further stated that because DACA “has the same legal and constitutional defects that the courts recognized as to DAPA, it is likely that potentially imminent litigation would yield similar results with respect to DACA.” Nevertheless, in light of the administrative complexities associated with ending the program, he recommended that the Department wind down the program in an efficient and orderly fashion, and his office has reviewed the terms on which the Department will do so.
Based on guidance from Attorney General Sessions, and the likely result of potentially imminent litigation, Acting Secretary Elaine Duke today issued a memo formally rescinding the June 15, 2012 memorandum that created DACA, and initiating an orderly wind down of the program. This process will limit disruption to current DACA beneficiaries while providing time for Congress to seek a legislative solution. The details are contained in Acting Secretary Duke’s September 5 memorandum, and in our Frequently Asked Questions.
For Immediate Release: September 5, 2017
Immigrant Community Members Outraged at DACA Termination, Speak Out With Response
Donald Trump Lacks Moral Character and Sides with White Supremacists, Community Leaders to Hold Action Urging Congress to Take Action
(SAN JOSE, CA) — On September 5, 2017, the White House announced the sunset of the Deferred Action for Childhood Arrivals (DACA) program in six months.
“This cruel action by Trump is nothing less than heartless and it confirms our worst fears. By shattering the lives and the dreams of nearly a million young people, he has clearly chosen to side with nativists and white supremacists. While Trump has fallen on the wrong side of history, immigrant youth and their families will continue to fight back. Our eyes remain not only on Trump to reverse his intent to undo the program but also turn towards Congress to take swift legislative action on the DREAM Act” said SIREN Executive Director Maricela Gutierrez.
DACA has allowed undocumented youth to contribute to their communities, to work, to go to school and to live their lives without fear of being ripped away from their families, and from a country they consider home. They are human beings who deserve dignity and respect as their neighbors, friends, fellow students or co-workers.
While we continue to fight for DACA and all undocumented immigrants, it is important that DACA-recipients keep the following in mind:
If the program ends but DACA-recipients are allowed to keep their work permits, you have the right to work legally until your work permit expires
Even if the program ends, you have no obligation to inform your employer that DACA has ended; your employer does not have the right to ask whether you are a DACA-recipient or how you got your work permit
Your employer does not have the right to fire you until after your work permit expires; if your expiration date is nearing, your employer may ask you for an updated work permit but cannot take any action against you until after it expires
Your Social Security Number is valid for life, even if your work permit or DACA expires
If you have a regular driver’s license and it expires after the program is terminated, you can still apply for an AB 60 driver’s license
If you are outside the US on advance parole, return as soon as possible
Seek trusted legal advice, especially if you are thinking of leaving the country, would like to be screened for other potential immigration benefits, or if you have encountered any criminal issues since receiving DACA
Remind yourself of your rights with ICE
If you have any questions, contact SIREN for an appointment or visit our weekly Thursday clinics for a free consultation at our offices
While our hearts are broken at this moment, our spirit is on fire. We will not forget—not today, not tomorrow, not ever. And we will fight back with everything we have. We will not stop until our families are safe and until the country reflects the beloved community we desire.
With six months until the program is expected to end, our fight will intensify now more than ever. We urge community members to weigh in with your members of Congress to call upon Trump to reverse his decision and to also push for robust legislation that will put DACA-recipients and undocumented immigrants on a path to citizenship. Specifically, we call upon members of Congress from both sides of the aisle to support the DREAM Act and the American Hope Act which will provide a pathway to citizenship for undocumented youth. Community members and allies are invited to join us for a press conference/action to stand with DACA-recipients and urge the White House and Congress to take action to support immigrant youth and their families.
WHAT: DACA Response Action
WHEN: TBD [2 hours after Trump’s Announcement]
WHERE: Martin Luther King Jr. Library, 150 E. San Antonio St. San Jose, 95112
News reports that Trump will announce on Tuesday the termination of DACA program in 6 months
IMPORTANT TO REMEMBER:
This is not an official announcement, just media reports; we do not know what exactly the announcement will include; currently, DACA is still in effect DACA-recipients keep the following in mind in the event DACA is revoked:
- If the program ends but DACA-recipients are allowed to keep their work permits, you have the right to work legally until your work permit expires
- Even if the program ends, you have no obligation to inform your employer that DACA has ended; your employer does not have the right to ask whether you are a DACA-recipient or how you got your work permit
- Your employer does not have the right to fire you until after your work permit expires; if your expiration date is nearing, your employer may ask you for an updated work permit but cannot take any action against you until after it expires
- Your Social Security Number is valid for life, even if your work permit or DACA expires
- If you have a regular driver’s license and it expires after the program is terminated, you can still apply for an AB 60 driver’s license
- If you are outside the US on advance parole, return as soon as possible
- Seek trusted legal advice, especially if you are thinking of leaving the country, would like to be screened for other potential immigration benefits, or if you have encountered any criminal issues since receiving DACA
- Remind yourself of your rights with ICE
- If you have any questions, contact SIREN for an appointment or visit our weekly Thursday clinics for a free consultation at our offices
- You can find out more information by visiting https://www.ilrc.org/what-do-i-need-know-if-daca-program-en…
- Continue to call the White House urging Trump to keep DACA by calling 202-456-1414 and call your member of Congress urging them to support the DREAM Act
- Attend our press conference and action in San Jose at the MLK Library located at 150 E. San Fernando St. shortly after the announcement. Time still TBD.
- Come out to our action in Fresno on Tuesday Sept. 5 at 4pm at the Federal Building located at 2500 Tulare St.
Stay informed about upcoming actions and policy updates by joining SIREN's Action Rapid Response Network:
Allies: text SIREN to: 918-609-4480
Comunidad/Community Members text SIREN to: 201-468-6088