A number of news organizations and others knowledgeable about the Administration’s immigration plans are reporting that DACA will shortly be ended by President Trump. I have heard this directly from a source who spoke with a White House official. However, this was a few days ago and the details were not clear. I am aware that extensive behind the scenes efforts have been taking place in a last ditch effort to save the program and, if it is to be ended, done in a way that is the least harmful (including allowing people in the program to stay in or at least ensuring work authorization doesn’t immediately terminate and people become subject to removal).

The timing is partially related to a lawsuit expected to be filed by various Republican governors. They have given the Administration a deadline of September 5th or they will file the suit or seek to expand the DAPA suit in Texas to include the DACA program (though that may be procedurally difficult). However, while a lawsuit will increase pressure on the Administration, it is not clear why ignoring the September 5th deadline puts the White House in any worse position than adhering to it.

In the last day, there have been a few reports saying that the White House may not be in such a rush to get rid of DACA. A Politico report indicates President Trump is still very conflicted over what he’ll do and that despite reports of the program’s imminent demise, the President has not made a decision and may be leaning toward allowing the program to continue in some ways. CNN reported something similar as well as Buzzfeed’s Adrian Carrasquillo.

Advising clients and the broader public is a challenge right now given the lack of details on the timing and scope of a possible DACA reversal. But it seems that filing for DACA and getting renewal applications in as soon as possible could have advantages if the program is allowed to partially continue. Those not in the program now are most likely to be left out in the cold.

Greg Siskind

Greg Siskind

Greg Siskind is a partner with Siskind Susser, PC - Immigration Lawyers. After graduating from Vanderbilt University, he received his law degree at the University of Chicago. He created the first immigration law web site in 1994 and the first law blog in 1997. He's written four books and currently serves on the board of governors of the American Immigration Lawyers Association. He can be reached by email at gsiskind@visalaw.com.
Greg Siskind
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