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Matthew Kolken on Deportation And Removal

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  1. President Trump Continues to Protect Undocumented Immigrants with DACA

    by , 02-22-2017 at 08:02 AM (Matthew Kolken on Deportation And Removal)
    Lost in all of the Trump deportation hysteria is the fact that on February 20, 2017, a memorandum was issued by Department of Homeland Security Secretary John Kelly that specifically reinforces protections previously issued in favor of individuals benefiting from Deferred Action for Childhood Arrivals (DACA), as well as parents of United States citizens or lawful permanent residents (DAPA) by protecting them from deportation.

    From the memorandum:

    With the exception of the June 15, 2012, memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children," and the November 20, 2014 memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents," all existing conflicting directives, memoranda, or field guidance regarding the enforcement of our immigration laws and priorities for removal are hereby immediately rescinded- to the extent of the conflict-including, but not limited to, the November 20, 2014, memoranda entitled "Policies for the Apprehension, Detention and Removal of Undocumented Immigrants," and "Secure Communities."

    It should be noted that the November 20, 2014 memorandum was enjoined by a U.S. District Court Judge.

    What this means is that Trump has not revoked DACA, those who have it may continue to benefit from work authorization, and President Trump has extended protections from deportations to people with citizen or green card holding children and they should also not be at risk of being deported.

    I can also attest to the fact that government lawyers have acknowledged in open court that their new directive from Headquarters relating to individuals with DACA, or that are DACA eligible is to agree to continuances as the individuals are not a priority for deportation.

    There is always a silver lining.

    Updated 02-22-2017 at 08:17 AM by MKolken

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