On June 15, Department of Homeland Security Secretary John F. Kelly, signed a memorandum canceling the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). The reason given for the policy cancellation was that the policy was stuck in the courts and would never be able to be implemented.
What it is important for you to know:
1. The canceling of the DAPA program will not have an effect on U.S. immigration law; since the policy was never implemented, the fact that it is now gone is a non-issue.
2. The history of the DAPA policy shows how weak “governance by Presidential Order” can be – any policy enacted by a President can be defeated by litigation in the courts and by cancellation by a subsequent President. Our government officials need to be guided by the Constitution, and the representatives of the people (Congress) should make the laws, not the President.
3. It is significant to note that the DACA program (Deferred Action for Childhood Arrivals) is unaffected by either lawsuits or by the DAPA cancellation. Although many who support President Trump want both of the Obama era polices cancelled, at this time DACA remains a viable benefit to pursue for those who qualify. As of January 2017, only 740,000 people have registered through DACA – many more qualified individuals should be taking advantage of the DACA program.
DACA covers individuals who could not, on their own, have made the decision to enter the U.S. without permission – it recognizes that those brought to the U.S. as children are blameless as to their presence in the U.S. It is unfortunate that the Congress has not acted to protect these children, but the “Dream Act” legislation could not earn enough votes to be passed and signed into law (The last attempt to get the Dream Act through Congress was in 2011).
4. For those who are in the U.S. without permission, it is important to know what the Dream Act, DACA/DAPA, and nearly every other immigration benefit has in common; a requirement to obey the law. I have encountered many persons that were otherwise qualified for some type of immigration program or work permit, but they had developed a criminal record during their time in the U.S. which not only made them ineligible, but also put them at the top of the priority list for deportation. One who hopes to be in the U.S. legally should not drive drunk, commit family violence, steal, posses drugs or commit ANY crime.
5. The DACA/DAPA policies and the national debate on immigration in general illustrate a critical fact that must be taken into consideration by every person in the U.S. with a greencard; if you want to be in the U.S., you should make it your duty to naturalize and become a U.S. citizen so that you can vote and shape immigration policy. With an increase in new voters who have a background as an immigrant, our lawmakers in Congress would be forced to take seriously the will of the people.
