John Kelly won't commit to defending DACA in court

Trump admin to lawmakers DACA in jeopardy Secretary of Homeland Security John Kelly
Trump admin to lawmakers DACA in jeopardy Secretary of Homeland Security John Kelly
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14 July, 2017

"Butch" Otter - threatened to take legal action against the Trump administration if it did not cut off the program by Sep. 5. But it didn't sound promising to CHC members.

The Department of Homeland Security is reviewing the DACA program. "So between that and what he says is the legal analysis he's heard, it's not a pretty picture".

Lapan said Kelly has not made a decision about Haiti or the Central American nations, but he has signaled that the protections could end. "We showed up at airports to fight the Muslim and Refugee Ban and now DREAMers and people who have lived here legally for decades with TPS [Temporary Protective Status] are in imminent danger", he continued.

The call for a "comprehensive" bill was a stunning remark from Mr. Trump, who during the campaign had said he wanted to see a crackdown on illegal immigration. But he has never pushed for any legislation that would allow some of those individuals reprieve from deportation. They challenged Kelly to attend a press conference on Capitol Hill in support of the bill before the August recess, just like he did when he appeared with Speaker Paul Ryan recently.

Members pointed specifically to the Bridge Act, a bipartisan bill in the House and Senate that would extend protections for people who have or would be eligible for DACA.

While Kelly has expressed his personal support for the 2013 DACA initiative, he rescinded the 2014 Deferred Action for Parents of Americans and Lawful Permanent Residents program after it was blocked in court, claiming that the relief measure had "no credible path forward".

"His urging is that Congress do something", Arizona Representative Ruben Gallego told CNN.

Legislation is all the more urgent given a potential threat for DACA in the courts.

While the officials declared that they did not want to deport those now protected by DACA, they did urge Attorney General Jeff Sessions to "phase out" the program by not renewing the two-year permits or issuing new ones, effectively denying protection from enforcement and removal operations to four-fifths of a million of young USA residents. They gave the administration until September 5. "Right now, there's no plan to rescind or change what we're doing with DACA". DACA grants deportation relief and work authorization in two-year increments to so-called DREAMers who were brought to the country as children through irregular migration.

Mr. Kelly, speaking to Hispanic members of Congress on Wednesday, had said he doubted DACA could withstand legal scrutiny but said the final decision was up to Attorney General Jeff Sessions. "He thinks it will not hold up, according to the attorneys he's spoken with", said Rep. Joaquin Castro, D-Texas.

CHC members said Kelly should push to defend DACA in court instead of calling for them to act, as if they haven't tried already.

"He said he would consider it", said Rep. Nanette Barragan, D-Calif. "If you truly believe and Donald Trump believes that they should protect DACA. the government should join and encourage the protection of DACA and fight against these attorneys general".


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